2025:CGHC:28389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1486 of 2019

1 - Smt. Tulsi Bai W/o Ishwar Aged About 43 Years R/o Village Thakurdiya, Post Barkel Khurd Thana And Tahsil Pithora District Mahasamund Chhattigarh., District :

Mahasamund, Chhattisgarh ... Appellant Versus

1 - Rajkumar Mishra S/o Salikram Mishra Aged About 58 Years Occupation Driver R/o Near Shiv Mandir Danganiya Raipur, District Raipur Chhattisgarh ( Driver Of The Offending Vehicle Car No. C.G. 04/ K.J./4592), District : Raipur, Chhattisgarh

2 - Swati Agrawal D/o Sharad Agrawal Aged About 32 Years R/o House No. 70, Near Deshbandhu Press Agrasen Chowk, Raipur, Chief Post Office Samta Colony,. Raipur, Chhattisgarh (Registared Ownwer Of The Offending Vehicle Car No. C.G.

04/k.J./4592), District : Raipur, Chhattisgarh

3 - S.B.I. General Company Limited Pujari Chmabers 4th Floor, Panchpedi Naka Pujari, Near Gardan Dhamtari Road, N.H, 43, Raipur District Raipur Chhattisgarh. (Insurer Of The Officending Vehicle Car No. C. G. 04/k.J/ 4592), District : Raipur, Chhattisgarh ... Respondents For Appellant : Mr. Arjun Lal Singroul, Advocate For Respondents No. 1 & 2 : Mr. Ashish Bech, Advocate For Respondent No .3 : Mr. Shrishti Upadhyay, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

27/06/2025

1. This appeal is filed by the appellants seeking enhancement of the SHUBHAM amount of compensation awarded by the learned Claims Tribunal in its DEY Digitally signed by SHUBHAM DEY award dated 08.02.2019 passed by the First Additional Motor Accident Claims Tribunal, Mahasamund, District – Mahasamund (C.G.) in Claim Case No. H-110/2016.

2. Facts of the case in brief are that, on 05.07.2015 at about 05:00 P.M., when the applicant along with one Harish Kumar Chauhan was going towards Village Turidih from Village Childauni on his motorcycle and reached near Rautum at that time, one car bearing registration no. CG 04 KJ 4592 (hereinafter referred to as offending car) driven by the Respondent No. 1 in a rash and negligent manner, dashed the motorcycle of Harish Kumar Chauhan and caused accident. In the said accident, applicant suffered serious injuries, she was taken to Ambedkar Hospital, Raipur, where she took treatment from 07.07.2015 to 25.07.2015. Subsequent to the said accident, an FIR was registered against the Respondent No. 1 bearing Crime No. 96/2015, P.S. Patewa, District - Mahasamund for the offence punishable under Sections 279, 337, 338 of the Indian Penal Code, 1860.

3. The applicant filed a claim application before the Learned Claims Tribunal pleading therein that due to the motor accidental injuries, she took treatment from 07.07.2015 to 25.07.2015. On account of injuries, she suffered permanent disability. At the time of accident, she was aged about 41 years and was doing the work of agricultural labourer and earning Rs. 300/- per day. Due to the injuries suffered by the applicant, she is facing difficulty in performing her work and daily activities which is causing financial loss to her family. Claimed compensation of Rs. 15,00,000/- from the non-applicants before the learned Claims Tribunal.

4. The Non-Applicants No. 1 & 2 in reply to the pleadings made in the claim application have submitted their reply and pleaded that on the date of accident, driver of the offending vehicle i.e. Non-Applicant No. 1 was possessing valid and effective driving license, the offending vehicle was insured with the Non-Applicant No. 3/Insurance Company and if there is any liability to pay compensation will be of the Non-

Applicant No. 3.

5. The Non-Applicant No. 3 opposing the pleadings made by the applicant/claimant submitted its reply and pleaded that on 05.07.2015, the offending vehicle was being plied in breach of conditions of insurance policy, as the offending vehicle was not having valid permit and fitness. It is further pleaded that the driver of the vehicle i.e. motorcycle bearing registration CG 06 K 7519 was driving his vehicle rashly and negligently and