Divisional Manager, United India Insurance Company Limited v. Smt. Nayantara Bhagat
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur (Single Bench, Sanjay K. Agrawal, J.), 07.04.2026 — MAC No. 498 of 2020. Insurer's appeal under Section 173 of the Motor Vehicles Act, 1988 against MACT Ambikapur award dated 23.11.2019 in Claim Case No.52/2019 seeking 50% deduction towards alleged contributory negligence of the deceased in a head-on collision. Court found no evidentiary support: only Investigator Anup Mehta was examined, no proof of contributory negligence; appeal dismissed. Keywords: contributory negligence, head-on collision, Section 173 MV Act, motor accident claims, compensation award upheld, United India Insurance Company.
What did the court decide?
There is no evidence on record that the deceased was contributory negligent in driving the offending vehicle; no witness other than the statement of Anup Mehta, Investigator, was examined by the insurance company to prove contributory negligence despite its alternative plea in para 28(e).