Authority: High Court of Chhattisgarh at Bilaspur (Single Bench)

Order Date: 17‑07‑2026

Case Overview

  • Parties: Appellant – The New India Insurance Company Limited (Branch Manager/Divisional Manager, Durg). Respondents – (1) Rasiyaram, (2) Smt. Kamin Bai, (3) Mohit Ram (all residents of Village Pondi, Balod, Chhattisgarh), (4) Monin Khan (driver, Village Talasabaria, Gadwa, Jharkhand), (5) Pitambra Logistics And Infra Private Limited (owner of the vehicle).
  • Policy Details: Policy No. 46070031190100016118 covering Vehicle Truck No. CG‑04‑HR‑6628, insurance period 13‑01‑2020 to 12‑01‑2021.
  • Legal Basis: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 18‑11‑2021 passed by the First Additional Motor Accident Claims Tribunal, Balod (Claim Case No. 18/2020).
  • Award: Rs 42,91,542 awarded as compensation to the claimants.
  • Counsel: For appellant – Mr. Sudhir Agrawal with Ms. Prerna Agrawal; for respondents 1‑3 – Mr. Sanjeev Kumar Sahu; for respondents 4‑5 – Mr. Vivek Shrivastava.
  • Contentions: Appellant argued the deceased had dashed the stationary vehicle at night, absolving the insurer of liability. Claimants argued the offending vehicle was parked without indicators or parking lights and the insurer offered no evidence to the contrary, justifying liability. Driver/owner contended they were not liable for the compensation.
  • Findings of Tribunal: The vehicle was indeed parked without indicators and parking light; the insurer failed to produce evidence that the lights were on. The driver was prosecuted under Section 304‑A of the IPC for rash and negligent driving. These factual findings were deemed correct, non‑perverse, and supported by the record.
  • Court’s Reasoning: Justice Sanjay K. Agrawal reviewed the submissions, examined the record meticulously, and concluded that the tribunal’s findings on the parking violations and driver prosecution were accurate. The claim that the compensation was excessive, including future prospects, was not substantiated.

Final Outcome

  • The appeal by The New India Insurance Company Limited is dismissed in its entirety. The award of Rs 42,91,542 to the claimants stands.

Topics: Motor Accident Compensation, Insurance Liability