Dismissed¶42

Magma H.D.I. General Insurance Company Limited v. Smt. Reema Kanouje

Chhattisgarh HC6 Aug 2025MAC/1162/2025

Case brief

AI extract

What is this about?

Motor accident death compensation; appeal by Magma H.D.I. General Insurance Company Limited under Section 173 MV Act 1988 against MAC Tribunal Durg award; allegation of false implication/planting of insured Bolero Pickup No. CG-07/AX-9829; missing vehicle number in Naksha Panchnama and Morgue Intimation; delayed FIR (13.01.2022); eyewitness Yashraj Hans (A.W.-2) noting vehicle number; charge-sheet under s.304-A IPC; Section 166 MV Act claim; compensation Rs. 22,47,672/- awarded, Rs. 39,83,000/- claimed; accident near Palika Market, Bhilai Charouda (Durg); High Court of Chhattisgarh, Bilaspur; Justice Parth Prateem Sahu; MAC No. 1162 of 2025; decided 07/08/2025; NAFR.

What did the court decide?

None; the appeal was dismissed as devoid of substance and the impugned award was not interfered with. ¶42

Magma H.D.I. General Insurance Company Limited Vs… — Motor Accident Claims | Chhattisgarh HC (2025)

What the court decided

AI extract

Outcome

None; the appeal was dismissed as devoid of substance and the impugned award was not interfered with.

¶42

Issue for consideration

Whether the offending vehicle (Bolero Pickup No. CG-07/AX-9829) was falsely involved/implanted in the accident - i.e., whether the fatal accident was in fact caused by that vehicle driven in a rash and negligent manner by non-applicant No.1 - given the absence of the vehicle number in the Naksha Panchnama and Morgue Intimation and the subsequent registration of the FIR. +1 more

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Court's answer

The plea raised by the Insurance Company regarding false implication of the offending vehicle (Bolero Pickup No. CG-07/AX-9829) is without merit: the sequence of events - reporting of the accident, mourge inquiry, preparation of the relevant documents, registration of the FIR after identification of the offending vehicle, its seizure, and filing of the charge-sheet against the driver - clearly establishes the involvement of the said vehicle; the insurer failed to substantiate its claim of false involvement.

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Ratio / Principle

The evidence of eyewitness Yashraj Hans (A.W.-2), who witnessed the accident, noted the vehicle number, and later provided that information to the family of the deceased, remained consistent and unshaken during cross-examination and is corroborated by the documentary evidence placed on record by the claimants.

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Key takeaways

No other ground was raised by the appellant; the finding recorded by the learned Claims Tribunal that on the date of the accident non-applicant No.1, while driving the offending vehicle in a rash and negligent manner, caused the accident resulting in the death of Shiv Kumar is based on proper appreciation of the documentary and oral evidence and does not call for any interference.ratio¶41

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur, MAC No. 1162 of 2025, decided 07/08/2025 (Parth Prateem Sahu, J.): Insurer's appeal under Section 173, Motor Vehicles Act, 1988 against the award dated 07.12.2024 of the Fifth Additional Motor Accident Claims Tribunal, Durg (Claim Case No.249 of 2022), which awarded Rs.22,47,672/- for the death of Shiv Kumar Kannouje in a motorcycle-Bolero collision near Palika Market, Bhilai Charouda. Sole ground urged: the insured Bolero Pickup No. CG-07/AX-9829 was falsely implicated, since the Naksha Panchnama and Morgue Intimation carried no vehicle number and the FIR followed later. Held, rejecting the plea: the sequence of events - mourge report, spot map (Ex.P-7), Naksha Panchayatnama (Ex.P-8), postmortem (Ex.P-9), FIR registered on 13.01.2022 after identification of the offending vehicle, its seizure (Ex.P-11), the driver's arrest (Ex.P-12) and charge-sheet under s.304-A IPC - clearly establishes the vehicle's involvement, and the testimony of eyewitness Yashraj Hans (A.W.-2), who noted the vehicle number and informed the deceased's family, remained consistent and unshaken in cross-examination and was corroborated by documentary evidence. The Tribunal's finding of rash and negligent driving by non-applicant No.1 called for no interference; the appeal was dismissed.

2025:CGHC:39608

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 1162 of 2025

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1 - Magma H.D.I. General Insurance Company Limited Through - Its Legal Manager, Present Address - Office No. 501 And 512, 5th Floor D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur (C.G.)

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--- Appellant

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versus

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1 - Smt. Reema Kanouje W/o Late Shiv Kumar, Aged About 23 Years

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2 - Himanshu Kanouje S/o Late Shiv Kumar, Aged About 5 Years

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3 - Ananya Kanouje D/o Late Shivkumar Aged About 3 Years Respondents No.2 And 3 Being Minor Through Natural Guardian Mother Smt. Reema Kanouje, W/o Late Shivkumar Kanouje, Aged 23 Years. All are R/o Ward No. 13 Nehru Nagar Bhilai - 03, Bhilai Charoda, District - Durg (C.G.)

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4 - Maya Kanouje W/o Rakesh Kanouje, Aged About 47 Years

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5 - Rakesh Kanouje, S/o Late Kanthilal Kanouje, Aged About 51 Years No.4 and 5 both are R/o Ward No. 13 Nehru Nagar Bhilai - 03, Bhilai Charoda, District - Durg (C.G.)

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6 - Gurdeep Singh S/o Late Rajinder Singh Aged About 50 Years Present Address - Shankar Nagar, Durg, Ward No. 10, P.S. Mohan Nagar Durg, District - Durg (C.G.)

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--- Respondents

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For Appellant : Mr. Sourabh Sharma, Advocate with Ms. Harneet Kaur Khanuja, Advocate For Respondents No.1 to 5 : Mr. Varun Chakraworthy, Advocate

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Hon'ble Shri Justice Parth Prateem Sahu

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Digitally signed by BALRAM BALRAM PRASAD PRASAD DEWANGAN DEWANGAN Date: 2025.09.03 11:01:20 +0530

Order On Board

07/08/2025

Appellant/Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) challenging the impugned award dated 07.12.2024, passed in Claim Case No.249 of 2022, whereby the learned Fifth Additional Motor Accident Claims Tribunal, Durg, District – Durg (C.G.) (for short ‘the Claims Tribunal’) allowed the application filed under Section 166 of the Act of 1988 by claimants/respondent No.1 to 5, in part, awarded total compensation of Rs.22,47,672/-, fastened liability to satisfy the amount of compensation on non-applicants jointly and severally.

¶23

Facts relevant for disposal of this appeal are that an application under Section 166 of the Act, 1988 was filed by the claimants/respondents No.1 to 5 seeking total compensation of Rs.39,83,000/- against the death of Shiv Kumar Kannouje, who died in a road accident. It was pleaded that on 17.11.2021 at around 12:00 PM, Shiv Kumar was returning to his home in Bhilai on his motorcycle after completing his work. When he reached near Palika Market, Bhilai Charouda, a Bolero vehicle bearing registration No. CG-07/AX-9829 (hereinafter referred to as ‘the offending vehicle’), being driven by non-applicant No. 1 in a rash and negligent manner, dashed the motor cycle driven by Shiv Kumar and caused accient. As a result of the accident, Shiv Kumar suffered fatal injuries and died on the spot. It was further pleaded that matter was reported to the Police Station Old Bhilai, Durg upon which crime was registered against non-applicant No.1/driver of offending vehicle and after completion of investigation charge-sheet was filed.

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Non-applicants No.1 did not participate in the proceeding and he was proceeded ex-parte, no reply was filed on his behalf.

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Non-applicant No.2 filed reply to claim application denying the averments made therein. Non-applicant No.2 mainly denied the occupation and income of the deceased and further pleaded that nonapplicant No.1 was not holding valid and effective driving license to drive the offending vehicle and it was being plied in breach of conditions of insurance policy. It was further pleaded that the offending vehicle was falsely involved in the aforesaid accident in collusion with the police officials to get the compensation. It was further pleaded that, as per the morgue intimation, accident had initially been reported as having been caused by an unknown vehicle. However, the FIR was registered after two months of accident, implicating the driver of Bolero vehicle bearing registration No. CG-07/AX-9829, which raises doubt and suspicion.

¶27

Learned Claims Tribunal upon appreciation of the pleadings and the evidence brought on record by respective parties, allowed the claim application in part, awarded total compensation of Rs.22,47,672/- and fastened liability upon non-applicants to satisfy the amount of compensation jointly and severally.

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Learned counsel for the appellant/Insurance Company filed this appeal on the ground that the offending vehicle Bolero bearing No. C.G.07AX-9829 insured by appellant/Insurance Company was falsely involved and implanted in road accident. It is contended that there is no mention of vehicle number with which the accident occurred in the Naksha Panchnama and Morgue Intimation, therefore, it is clear that

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mention of Bolero as offending vehicle, in the FIR subsequently is an afterthought.

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Learned counsel for claimants/respondents No.1 to 5 opposes the submission of learned counsel for appellant and would submit that after investigation into the present crime, police filed charge-sheet against driver of offending vehicle, who was driving offending vehicle in a rash and negligent manner and has caused accident. It is contended that learned Claims Tribunal has rightly concluded that accident has been caused by offending vehicle. It is also contended that in cases of motor accident, strict rules of evidence is not applicable. The impugned award passed by learned Claims Tribunal is upon appreciation of entire documentary and oral evidence brought on record, which does not call for any interference.

¶32

I have heard learned counsel for the parties and perused the record of the Claims Tribunal.

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So far as the submission of learned counsel for appellant/Insurance Company regarding implantation of offending vehicle in the instant accident is concerned, perusal of the record would show that accident occurred on 07.11.2021. Morgue was reported to the concerned police station on 17.11.2021 at about 18.10 o’clock mentioning that on 17.11.2021 at about 12:00 PM, while deceased was returning to his home on his motorcycle after completing his work, reached near Palika Market, Bhilai Charouda, the driver of unknown Bolero vehicle while driving the said vehicle in rash and negligent manner dashed the deceased and caused accident. Thereafter mourge was enquired, spot map (Ex.P-7) and Naksha Panchayatnama (Ex.P-8) was prepared,

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body of the deceased was sent for postmortem vide Ex.P-9, mentioning the same fact that deceased Shiv Kumar Kannouje died in a accident caused by by driver of unknown Bolero vehicle. Statement of the witnesses were recorded and after mourge inquiry it was found that accident was caused by the offending vehicle bearing No.C.G.07AX- 9829, driven by non-applicant No.1 in rash and negligent manner, FIR was registered on 13.01.2022 against non-applicant No.1, driver of offending vehicle. After registration of FIR, offending vehicle was seized vide (Ex.P-11) and non-applicant No.1 was arrested vide (Ex.P12) and after completion of investigation finding non-applicant No.1 guilty for causing accident, charge-sheet was filed against nonapplicant No.1 in the Court of competent jurisdiction, for alleged offence U/s.304-A of the Indian Penal Code.

¶36

To prove their case, claimants have examined Smt. Rima Kannouje as (A.W.-1), who in her evidence stated according to the pleadings made in claim application and proved the documents of criminal case placed on record from Ex. P-1 to P-13. Claimants also examined Yashraj Hans as A.W.-2, who is an eyewitness to the accident. In his evidence, he stated that accident occurred near Padum Nagar, Bhilai-3. On the date and time of accident when he was travelling in his motorcycle from Sirsa Gate towards Kali Temple, he saw a Bolero Pickup bearing No. CG 07/AX/9829 coming from Durg, driver of the said vehicle was driving in a rash and negligent manner, dashed with the motorcyclist and caused accident. He stated that he noted number of vehicle and informed the bystanders. He further stated that three to four days after accident, while he was sitting at Sirsa Gate, he was informed by his

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friends that family members of deceased is searching for number of vehicle involved in accident and since he had noted the number, he went to house of deceased to inform them about vehicle involved in the accident. In cross-examination, he denied all the averse suggestions given on behalf of non-applicant No.2 and nothing adverse has come in his cross-examination so as to disbelieve his statement.

¶39

In light of the above discussion and evidence on record, plea raised by the Insurance Company regarding false implication of the offending vehicle is found to be without merit. The sequence of events, beginning with the reporting of accident, morgue inquiry, preparation of relevant documents, subsequent registration of the FIR after identification of the offending vehicle (Bolero Pickup No. CG 07/AX/9829), its seizure, and the filing of charge sheet against the driver, clearly establish the involvement of the said vehicle. Furthermore, evidence of eyewitness Yashraj Hans (A.W.-2), who witnessed the accident, noted the vehicle number, and later provided this crucial information to family of deceased, remained consistent and unshaken during cross-examination. His statement is also corroborated by documentary evidence placed on records by the claimants. Thus, the Insurance Company failed to substantiate its claim of false involvement of the offending vehicle. No other ground is raised by learned counsel for appellant, before this Court, Therefore, this Court is of the considered opinion that the finding recorded by the learned Claims Tribunal that on the date of the accident, NonApplicant No. 1, while driving the offending vehicle in a rash and

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negligent manner, caused accident resulting in death of Shiv Kumar, is based on a proper appreciation of the documentary and oral evidence brought on record by the respective parties, which does not call for any interference

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Accordingly, appeal, being devoid of substance, is liable to be and it is hereby dismissed.

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Sd/(Parth Prateem Sahu) Judge

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Balram

Procedural history

How this case reached the court

AI extract

Order under challenge
Award dated 07.12.2024 in Claim Case No.249 of 2022 allowing the claimants' application under Section 166 of the Act of 1988 in part, awarding total compensation of Rs.22,47,672/- and fastening liability on non-applicants jointly and severally.¶22
Fifth Additional Motor Accident Claims Tribunal, Durg, District - Durg (C.G.) · 07.12.2024
Prior proceeding
Application under Section 166 of the Act, 1988 filed by claimants/respondents No.1 to 5 seeking total compensation of Rs.39,83,000/- against the death of Shiv Kumar Kannouje, who died in a road accident.¶23
Prior proceeding
As pleaded, on 17.11.2021 at around 12:00 PM, while Shiv Kumar was returning home on his motorcycle, a Bolero vehicle bearing registration No. CG-07/AX-9829 driven rashly and negligently by non-applicant No.1 dashed the motorcycle near Palika Market, Bhilai Charouda, causing fatal injuries and death on the spot; crime registered against the driver and charge-sheet filed after investigation.¶23
Prior proceeding
Non-applicant No.1 did not participate in the proceedings and was proceeded ex-parte; no reply was filed on his behalf.¶25
Prior proceeding
Non-applicant No.2 filed reply denying the averments, disputing the occupation and income of the deceased, pleading that non-applicant No.1 was not holding a valid and effective driving licence and the vehicle was plied in breach of policy conditions, and alleging the offending vehicle was falsely involved; further noting the morgue intimation initially reported an unknown vehicle and the FIR was registered after about two months.¶26
Prior proceeding
Criminal-case chronology recorded by this Court: mourge inquiry, spot map (Ex.P-7), Naksha Panchayatnama (Ex.P-8), postmortem (Ex.P-9); after identification of the offending vehicle, FIR registered on 13.01.2022 against non-applicant No.1; vehicle seized (Ex.P-11), driver arrested (Ex.P-12); charge-sheet filed for offence under s.304-A IPC.¶35
Prior proceeding
Learned Claims Tribunal, upon appreciation of pleadings and evidence, allowed the claim application in part, awarded total compensation of Rs.22,47,672/- and fastened liability upon non-applicants to satisfy the amount jointly and severally.¶27

Magma H.D.I. General Insurance Company Limited v. Smt. Reema Kanouje

Case brief

What is this about?

What did the court decide?

Magma H.D.I. General Insurance Company Limited v. Smt. Reema Kanouje

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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