Digitally signed by 2026:CGHC:3739 SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 920 of 2018

1 - Tejuram S/o Bhogal Aged About 52 Years Caste Rajwar, Occupation Service, R/o Village Latori, Police Station Jainagar, District Surajpur Chhattisgarh. (Claimant), District : Surajpur, Chhattisgarh --- Appellant versus

1 - The United India Insurance Company Limited Through Branch Manager, The United India Insurance Company Limited, Bramh Road, Ambikapur, District Surguja Chhattisgarh. (Insurer Of The Offending Vehicle), District : Surguja (Ambikapur), Chhattisgarh 2 - Devnarayan Yadav, S/o Kowa Yadav, Aged About 37 Years R/o Village Kalyanpur, Police Station Jainagar, District Surajpur Chhattisgarh. (Driver Of The Offending Vehicle), District : Surajpur, Chhattisgarh

3 - Vihay Kumar Jaiswal, S/o Gopal Prasad Jaiswal, Aged About 38 Years R/o Village Kalyanpur, Police Station Jainagar, District Surajpur Chhattisgarh. (Owner Of The Offending Vehicle), District : Surajpur, Chhattisgarh --- Respondent(s)

For Appellant : Ms. Ankita Goswami, Advocate appearing on behalf of Mr. Pushpendra Kumar Patel, Advocate For Respondent No. 1 : Mr. Dashrath Gupta, Advocate MAC No. 1459 of 2018

1 - United India Insurance Co. Ltd. Through Its Divisional Manager, Divisional Office- Bramh Road Ambikapur-District- Surguja, Chhattisgarh....(Non-Applicant No.1), District : Surguja (Ambikapur), Chhattisgarh --- Appellant Versus

1 - Tejuram S/o Bhogal Caste- Rajwar, Occupation- Service, R/o Village Latori, Police Station- Jaynagar, District- Surajpur, Chhattisgarh.....

(Applicant), District : Surajpur, Chhattisgarh

2 - Devnarayan Yadav S/o Koa Yadav Aged About 37 Years R/o Village- Kalyanpur, Police Station- Jaynagar, District- Surajpur, Chhattisgarh........(Non-Applicant No.2), District : Surajpur, Chhattisgarh 3 - Vinay Kumar Jaiswal S/o Gopal Prasad Jaiswal Aged About 38 Years R/o Village- Kalyanpur, Police Station- Jaynagar, District- Surajpur, Chhattisgarh......(Non-Applicant No.3), District : Surajpur, Chhattisgarh --- Respondent(s)

(Cause-title is taken from Case Information System)

For Appellant : Mr. Dashrath Gupta, Advocate For Respondent No. 1 : Ms. Ankita Goswami, Advocate appearing on behalf of Mr. Pushpendra Kumar Patel, Advocate SB- Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

19/01/2026 MAC No. 920/2018 & MAC No. 1459/2018

1. The present appeals are being decided by this common order, as both arise out of the same award dated 11.05.2018 passed by the Third Additional Motor Accident Claims Tribunal, Surajpur (C.G.) in Claim Case No. 53/2015. M.A.C. No. 920 of 2018 has been filed by the claimant seeking enhancement of the compensation awarded by the Tribunal, whereas M.A.C. No. 1459 of 2018 has been preferred by the Insurance Company challenging the liability imposed upon it by the Tribunal.

2. Brief facts of the case, is that, on 16.11.2014 at about 6:45 a.m., the claimant was proceeding towards Mani Getara Gayatri Mines for discharging his duties, riding his Panther Moped bearing Registration No. CG-15-5907. When he was on the way, the offending Truck bearing Registration No. CG-15 AC-0329, driven by respondent No.2 in a rash and negligent manner, dashed against the claimant’s moped, as a result of which the claimant sustained serious injuries on various parts of his body and suffered loss of vision in one eye.

3. Learned counsel for the appellants / claimants in M.A.C. No. 920 of 2018 submits that the impugned award passed by the learned Claims Tribunal is partly bad in law as well as on facts, and is contrary to the material available on record. It is further submitted that the learned Claims Tribunal failed to appreciate that the claimant examined relevant witnesses and duly proved his case by leading cogent and reliable evidence. In spite of such evidence, the Tribunal did not grant just and proper compensation, whereas the entire claim deserved to have been decreed in favour of the claimant. Learned counsel submits tha