2025:CGHC:26574 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1065 of 2019 • Harichand S/o Kamtaram Sahu Aged About 25 Years Through Legal Guardian Father S/o Kamtaram Sahu S/o Badduram Sahu Aged About 55 Years, R/o Near Shiv Mandir Mangala Thana- Civil Line And District- Bilaspur, Chhattisgarh.

--- Appellant/ applicant/

Claimant versus

1. Vanshgopal S/o Dodan Prasad Aged About 29 Years R/o Didoudh Thana Kothi District- Satna, Madhya Pradesh. Possibility Addresses- (A)- Village- Jammvada Metguda Jagdalpur, District- Bastar, Chhattisgarh. (B)- Near- Masjid Talapara Thana- Civil Line Tahsil and District- Bilaspur, Chhattisgarh..

(Driver of the Offending Vehicle Truck No. C.G. 07/C.A./1565).

2. Moh. Nashruddin S/o Moh. Mobin Khan Aged About 42 Years R/o House No.

M- 52 Vaishali Nagar, Ward No. 10 Kohka Bhilai District- Durg, Chhattisgarh. Possibility Address- Village- Metguda Jagdalpur Ambedkar Ward Thana- Bodhjhat District- Bastar, Chhattisgarh.(Owner of the Offending Vehicle Truck No. C.G. 07/C.A./1565).

3. The New India Insurance Company Limited Through Branch Manager, Branch Office- 1st Floor Rama Trade Center In Front Of Rajeev Plaza Old Bus Stand Road Bilaspur Tahsil And District- Bilaspur, Chhattisgarh.(Insurer of the Offending Vehicle Truck No. C.G. 07/C.A./1565)

--- Respondents/ Non-applicants ____________________________________________________________

For Appellant : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Dashrath Gupta, Advocate Hon'ble Shri Justice Parth Prateem Sahu PAWAN KUMAR

Order On Board

JHA

23/06/2025 Digitally signed by PAWAN KUMAR JHA

1. Appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement of amount of compensation, challenging the award dated 30.01.2019 passed by Learned First Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 01/2018, whereby learned Claims Tribunal allowed the application filed under Section 166 of the Act, 1988 in part and awarded total sum of ₹ 41,30,831/- as compensation in motor accidental injury case.

2. Facts of the case relevant for disposal of this appeal are that on 01.04.2017, when appellant riding on his motor cycle was returning back to his home from Magneto Mall, Telibandha, Raipur, crossing Mahasamund barrier near Telibandha, Raipur, non-applicant no. 1 while driving vehicle truck bearing No. CG07 CA 1565 (hereinafter referred as “offending truck”) rashly and negligently hit the appellant from behind, due to which he suffered serious injuries. Based on the information of accident, Crime No. 126/17 for alleged offences under Sections 279 and 337 of the Indian Penal Code was registered against an unknown truck at Police Station-Telibandha, Raipur.

3. Appellant-claimant filed an application under Section 166 of the Act of 1988 seeking compensation of ₹ 88,00,000/- pleading therein that on the date of accident appellant was about 25 years of age, was a healthy and able bodied person. Before the accident, the appellant was doing work in Magneto Mall Telibandha Raipur and was earning ₹ 1,33,281/- per year, but due to the loss of one hand and one leg in the accident, he became completely incapable of doing his work. He needs help of two persons even for his daily work and is unable to walk.

4. Respondents No. 1 & 2 / Non-applicant No. 1 & 2 -driver and owner of the offending truck submitted their reply to the claim application, while denying the adverse pleadings made therein, it was further pleaded that the alleged accident occurred due to careless and negligent driving of his motorcycle by the applicant himself, no accident occurred with the offending truck. The applicant has filed a claim case on false grounds. On the date of accident, non-applicant No. 1 was possessed with a valid and effective driving license to drive the alleged offending truck and the truck was comprehensively insured with non-applicant No. 3.

5.