NAFR H IGH COURT OF CHHATTISGARH, BILASPUR Order Reserved on 28/03/2024 Order Delivered on 09/05/2024 MAC No. 1028 of 2022  Abdul Rashid S/o Abdul Sakur, Aged About 45 Years R/o Near Badi Majid Gaurella, P.S. Gaurella, Tahsil Pendraroad, District Bilaspur (Now-Gaurella-Pendra - Marwahi) Chhattisgarh (Registered Owner Of Vehicle CG-10_ED-2636)

----Appellant Versus

1. Lakhan Singh Gond S/o Mahajan Singh, Aged About 37 Years R/o Village Titarpodi, P.S. Bhalumada, District Annuppur, M.P.

(Driver And Purchaser)

2. Tukwati, Wd/o Mahendra Singh Otti, Aged About 26 Years R/o Nimdha, P.S. And Thasil Marwahi, District Bilaspur (Now -Gaurella Pendra Marwahi) Chhattisgarh.

3. Ku. Kavya, D/o Mahendra Singh Otti, Aged About 3 Years Minor And Represented Through Natula Garudian Mother (Resp. No 2 Herein) Tukwati Wd/o Mahendra Singh Otti, R/o Village Nimdha, P.S. And Thasil Marwahi, District Bilaspur (Now Gaurella Pendra Marwahi Chhattigarh.

4. Mayank, S/o Mahendra Singh Otti, Aged About 8 Years Minor And Represented Through Natula Garudian Mother (Resp. No 2 Herein) Tukwati Wd/o Mahendra Singh Otti, R/o Village Nimdha, P.S. And Thasil Marwahi, District Bilaspur (Now Gaurella Pendra Marwahi Chhattigarh.

5. Siyawati, Wd/o Lalsingh Otti, Aged About 50 Years R/o Village Nimdha, P.S. And Thasil Marwahi, District Bilaspur (Now Gaurella Pendra Marwahi Chhattigarh. ----Claimants/Respondents For Appellant : Mr. Hemant Gupta, Advocate.

For Respondents No. 2 to 5 : Mr. Yogendra Chaturvedi, Advocate ________________________________________________________

Hon'ble Shri Justice Arvind Kumar Verma

CAV Judgment

1) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been iled challenging the award dated 25.07.2022 passed by the learned Additional Motor Accident Claims Tribunal, Pendra Road, District Bilaspur (CG) in Claim Case No. 18/2018.

2) By the impugned award, the learned Tribunal allowed the application iled under Section 166 of MV Act and awarded Rs. 54,29,264/- fastening the liability, jointly and severally, upon the driver (Respondent No.1), owner (appellant herein) of the ofending vehicle to pay compensation to the claimants (Respondents No. 2 to 5) with interest @ 7% per annum on account of death of deceased Mahendra Singh in an unfortunate accident which took place on 28.05.2017.

inter alia

3) The pleadings of the claim application relects that on

28.05.2017 at about 10.30b A.M., deceased Mahendra Singh was going from his home to village Khurpa on his motorcycle number CG-10-AN- 5517. On the way, the respondent No. 1 Lakhan Singh while riding motorcycle bearing number CG-10-ED-2636 carelessly, dashed the motorcycle of the deceased from the behind side, due to which Mahendra Singh fell down. He sustained serious injuries on his head and chest. Thereafter, he was taken to the hospital for treatment and during treatment, he died at CIMS hospital. It was also pleaded that the deceased was 30 years of age who was working as Teacher Panchayat in Government Primary School- Khupra and used to earn Rs 22,829/- per month therefore, compensation to tune of Rs. 70,60,000/- was claimed by the claimants. The report of the accident was lodged to before the Police Station Marwahi, upon which Crime No. 93/2017 under Sections 146/196, 3/181, 5/180 of Motor Vehicle Act and Section

304 of IPC was registered against the driver of the ofending vehicle.

4) The claim application was resisted by driver, owner of the ofending vehicle on various grounds.

5) Driver & Purchaser namely Lakhan Singh iled their written statement before the concerned Tribunal and denied all averments of claim petition and asserted that the deceased was himself riding a motorcycle in a rash and negligent manner. The claim amount has been inlated by the claimants. He has not caused any kind of accident to deceased Mahendra Singh Otti. He has been falsely implicated in this case. He is not responsible in any way to give the compensation amount to the claimants. Therefore, he requeste