2025:CGHC:41551 Digitally signed by RAGHVENDRA JAT AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1476 of 2018

1 - Sumesh Parakh S/o S/o Santosh Chand Jain (Parakh) Aged About 42 Years R/o Sadar Road, Nawapara, Rajeem, Tahsil Abhanpur, District Raipur, Chhattisgarh. (Wrongly Written As R/o Sandeep Auto Rajeem, P. S. And Tahsil Gariyaband, District Gariyaband, Chhattisgarh. ............Owner Sandeep Auto Rajeem. ...........Non Applicant No. 2., District : Raipur, Chhattisgarh.

--- Appellant(s)

versus

1 - Tulsi Ram Sahu S/o S/o Devi Lal Sahu Aged About 74 Years R/o Mela Maidan, Infront Of Government Hospital, Rajeem Tahsil And P. S. Rajeem District Gariyaband, Chhattdistisgarh. ..........Claimant., District : Gariyabandh, Chhattisgarh.

2 - Ashutosh Sharma S/o S/o Sheetal Prasad Sharma Aged About 24 Years R/o Village Jawaibandha, P. S. Abhanpur, District Raipur, Chhattisgarh. ...........Non Applicant No. 1, District : Raipur, Chhattisgarh.

3 - Durgesh Kumar Yadav S/o S/o Ghanshyam Lal Yadav Aged About 35 Years R/o Hasda No. 1, P. S. Magarlod, Tahsil Kurud, District Dhamtari, Chhattisgarh. ..............Non Applicant No. 3, District :

Dhamtari, Chhattisgarh --- Respondent(s)

For Appellant(s) : Ms. Prachi Singh, Advocate on behalf of Mr. Shikhar Sharma, Advocate.

For Respondent No. 1 : Mr. Rajesh Tiwari, Advocate.

For Respondent(s) No. 2 : Mr. K.K. Dewangan, Advocate.

& 3 MAC No. 1205 of 2017

1 - Tulsi Ram Sahu S/o S/o Devilal Sahu Aged About 74 Years R/o Village Mela Maidan, In Front Of Government Hospital Rajim, Tahsil And Police Station Rajim, District Gariyaband, Chhattisgarh. Claimant, Chhattisgarh.

---Appellant(s)

Versus

1 - Asutosh Sharma S/o S/o Shital Prasad Sharma, Aged About 24 Years R/o Village Javaibandha, Police Station Abhanpur, District Raipur, Chhattisgarh., Chhattisgarh.

2 - Sumesh Parkash S/o S/o Santosh Chand Jain (Parakh), Aged About 42 Years R/o Sandip Auto Rajim, Police Station And Tahsil Rajim, District Gariyaband, Chhattisgarh. Owner Sandip Auto Rajim, District : Gariyabandh, Chhattisgarh.

3 - Durgesh Kumar Yadav, S/o S/o Ghanshyam Lal Yadav, Aged About 35 Years R/o Hasda No. 1, Police Station Magarlod, Tahsil Kurud, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh.

--- Respondent(s)

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

18/08/2025

1. These two appeals are arising out of one accident which was occurred on 11.11.2015 in which an award dated 8.5.2017 was passed by the learned Additional Motor Accident Claims Tribunal, Gariyaband, Chhattisgarh in Claim Case No. 8/2016 as such they are being decided by this common order.

2. In MAC No. 1476/2017 has been filed by the owner of the offending vehicle inter alia challenging the liability fastened upon the owner and driver of the offending vehicle to indemnify the amount of compensation awarded by the tribunal.

3. MAC No. 1205/2017 has been filed by the claimant for enhancement of award passed by the tribunal.

4. Brief facts of the case, is that, on 11/11/2015 at around 4:00 P.M., in the village of Rajim near Raja Hotel, the appellant, Tulsi Ram Sahu, was riding his bicycle towards his house when the respondent No.1, driving his motorcycle bearing registration No. C.G.04-CQ-1243, drove rashly and negligently, colliding with the appellant. As a result, the appellant sustained grievous injuries to his right knee, chest, hand, waist, and other parts of his body. His leg bone was broken, causing permanent damage. Tulsi Ram Sahu was admitted to Balaji Hospital, Raipur, for medical treatment. The accident left him permanently disabled, preventing him from performing routine work. The matter was reported to the Rajim Police Station, District Rajim (C.G.), and the concerned police registered a case under Sections 279, 337, and 338 of the Indian Penal Code, as well as Sections 3/181 and 5/180 of the Motor Vehicle Act. At the time of the incident, Tulsi Ram Sahu was approximately 73 years old. Respondent No.2 filed a written statement before the Claim Tr