Bajaj Allianz General Insurance Company Limited Vs Vikas Tandon

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Digitally signed by SIDDHANT SIDDHANT TAMRAKAR TAMRAKAR Date: 2026.01.12 14:26:38 +0530

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2026:CGHC:1487

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 1128 of 2024

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Bajaj Allianz General Insurance Company Limited Through The Branch Manager, Third Floor Gurukripa Tower, Near I.C.I.C.I. Bank, Vyapar Vihar Road, Police Station - Tarbahar, District Bilaspur (C.G.), (Insurer Of Pulsar Motorcycle No. C.G. - 10 - A.L. - 4945),...(Non-Applicant No. 2)

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... Appellant

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versus

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Vikas Tandon S/o Shri Khamhan Tandon Aged About 24 Years Resident Of Village - Kesla, Police Station - Pamgarh, District Janjgir-Champa (C.G.),... (Claimants)

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Hemant Kevra S/o Parsuram Kevra Aged About 26 Years R/o House No. 222, Ward No. 13, Atal Awas, Devrikhurd, Police Station - Torwa, District Bilaspur (C.G.), (Driver And Owner Of Pulsar Motorcycle No. C.G. - 10 - A.L. - 4945),....(Non-Applicant)

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... Respondent(s)

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For Appellant/ : Mr. Sangeet Kumar Kushwaha, Advocate Insurance Company along with Ms. Priya Kaiwart, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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09.01.2026

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The insurance company has preferred this appeal under Section 173 of the Motor Vehicle Act, assailing the award passed by the learned 3rd Additional Motor Accident Claims Tribunal, Bilaspur, passed in Claim Case No. 50/2020 dated 25.01.2024, whereby the learned Tribunal has passed an award to the tune of Rs. 383,300/- with interest at the rate of 9% per annum on account of injuries sustained by the claimant/respondent No. 1.

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The facts in brief are that on 28.01.2019, when the claimant was crossing

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the road at Torwa Chowk, he was dashed by the offending motorcycle bearing registration No. CG 10 AL 4945 and, resultantly, sustained injuries over his left leg. He remained hospitalized for a considerable period, and thereafter, lodged an FIR on 24.11.2019. The insurance company filed a reply and denied the averments made in the claim petition. The learned Tribunal framed issues, and thereafter, an award was passed.

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Mr. Sangeet Kumar Kushwaha would argue that in the discharge summary dated 04.02.2019 (part of Ex. P/9), the cause of injuries sustained by the claimant was a self-fall from a bike at around 9:30 hours on 28.01.2019 near village Kesla, Pamgarh. Mr. Kushwaha would submit that the place of the accident in the FIR is Torwa Chowk, Bilaspur. He would submit that the FIR was lodged after 9 months without explaining the cause of the delay. He would contend that the claimant fell down from the motorcycle and lodged a false complaint to get compensation. He would submit that the learned Tribunal has not considered this aspect, whereas sufficient material was placed and the witness was also examined by the insurance company. He would submit that the claimant remained hospitalized for 24 days only; therefore, the explanation given by the claimant should not have been accepted by the learned Tribunal. He would pray to set aside the award.

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There is no representation on the part of the claimant, despite service of notice.

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I have heard Mr. Kushwaha at length and perused the record.

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In the claim petition, the claimant specifically pleaded that on 28.01.2019 between 7:30 and 8:30 hours, he was dashed by the offending motorbike at Torwa Chowk, Bilaspur. He examined himself as AW/1, wherein he deposed that he lodged an FIR 10 months after the date of the accident. He further clarified that he remained hospitalized from 28.01.2019 to

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18.10.2019, and thereafter, lodged an FIR. He denied the suggestions given by the counsel for the insurance company to the effect that his accident was a case of falling off his bike.

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The Insurance Company examined Atulya Sharan, Law Officer, who in examination-in-chief stated that a false FIR was lodged after 10 months and 4 days. In para 4, this witness admitted that an FIR can be lodged by an injured person after getting well.

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In the present case, in the discharge summary (Part of Ex. P/9), it is stated that the cause of death was a self-fall from a bike, but the insurance company failed to examine the author of said document. It is also not proved by the insurance company on whose instance said statement was recorded in the discharge summary. The claimant, in the claim petition as well as in evidence, categorically stated that he remained hospitalized for a considerable period till 18.10.2019 and thereafter lodged an FIR.

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The police registered an FIR, seized the offending vehicle, investigated the matter, and filed a final report against the driver of the offending vehicle, but no complaint was made by the driver-cum-owner of the vehicle against the action taken by the police authorities. The insurance company also failed to appoint an investigator to investigate the matter.

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10. The discharge tickets issued by the various hospitals would show that injuries sustained by the claimant were serious in nature, and he remained hospitalized in different hospitals at proper intervals; therefore, the contention made by Mr. Kushwaha cannot be accepted.

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11. The learned Tribunal, after due appreciation of oral and documentary evidence, passed the award.

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12. Taking into consideration the above-discussed facts, I do not find any good ground to interfere with the award passed by the learned Tribunal.

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13. Accordingly, this appeal fails and is hereby dismissed .

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Sd/-

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(Rakesh Mohan Pandey) Judge