YOGESH D YO ig G it E a S ll H y s T ig IW ne A d R b I y 2026:CGHC:1087 TIWARI Date: 2026.01.07 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 794 of 2017 Bharti AXA General Insurance Company Limited Through Authorized Signatory, Sajit Ku. Ray, Aged About 26 Years, R/o II Floor, Jeet Towers, GE Road, Raipur, Police Station Azad Chowk, District Raipur, Chhattisgarh ... Appellant versus

1 - Durgesh Kumar @ Rinku Soni S/o Mathura Prasad Soni, Aged About 23 Years R/o Shivvaji, Ward No. 05, Sanjay Colony, Balodabazar, P. S. City Kotwali, District Balodabazar-Bhatapara, Chhattisgarh

2 - Ganesh Ram Khatriya, Aged About 33 Years R/o Village- Ahirwara, Sheetlapura, Police Station Nandini, District Durg, Chhattisgarh ... Respondents (Cause-title taken from Case Information System)

07.01.2026

1. Challenge in this appeal is to the award dated 09.12.2016, passed by the learned 3^rd Additional Motor Accident Claims Tribunal, Balodabazar, (C.G.) (hereinafter referred to as the 'Claims Tribunal') in Claim Case No.H-107/2014, whereby the learned Claims Tribunal partly allowed the claim application of the claimant and fastened the liability to satisfy the amount of compensation upon the non-applicants therein jointly and severally.

2. The brief facts of this appeal, in a nutshell, are that on 01/07/2014 at about 2:00 p.m., the claimant Durgesh Kumar, alias Rinku Soni, while driving his motorcycle bearing registration No. CG-04 KX- 0824 from Baloda Bazar towards Dhabadih at a normal speed and on the correct side of the road, was hit with great force by a Tata ACE vehicle bearing registration No. CG-04 JD-2886 (for short, ‘offending vehicle’), driven rashly and negligently by non-applicant No. 1 from the opposite direction near the firecracker warehouse on the Baloda Bazar–Risda main road. As a result of the collision, the claimant was thrown off the motorcycle, which was completely damaged, and he sustained grievous injuries, including fractures of four bones of his right leg and injuries to other parts of his body.

3. The claimant was initially taken in an unconscious condition to the District Hospital, Balodabazar, where he was administered first aid and, considering the seriousness of the injuries, was referred to Raipur. Thereafter, the claimant remained admitted at Shri Narayana Hospital, Raipur, from 01/07/2014 to 16/07/2014 for treatment, which is stated to be continuing. It is pleaded that an amount of about Rs.2,00,000/- has already been incurred towards medical treatment and that substantial future medical expenses are also anticipated. Owing to the injuries suffered in the accident, the claimant has incurred permanent disability and is unable to walk without assistance, requiring the constant help of an attendant both during hospitalization and in his daily routine.

4. The accident was reported by Khilesh Soni to City Kotwali Police Station, Balodabazar, on the basis of which Crime No. 298/2014 was registered under Sections 279, 337 and 338 of the Indian Penal Code. After completion of investigation, the police filed a charge-sheet before the learned Chief Judicial Magistrate, Balodabazar.

5. After recovering from the injuries, the claimant has preferred a claim petition before the learned Claims Tribunal pleading therein that at the time of the accident, he was employed at Nandlal Fuels, Dhabadih, earning about Rs.6,000/- per month, which was the sole source of his livelihood. On account of the accident and the resultant permanent disability, he is unable to continue his employment and, therefore, claimed compensation to the tune of Rs.10,00,000/- from the non-applicants.

6. Proceedings against non-applicant No.1 were declared ex parte on

20.03.2015.

7. The claim was contested by