Digitally signed by RAME SH 2026:CGHC:9842 KUMAR VATTI Date: 2026.03.07 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2307 of 2025

1 - Shri Manjit Singh Bath S/o Shri Prakash Singh Bath Aged About 50 Years By- Light Transport, Water Tank Complex, G.E. Road Rajnandgaon, District-

Rajnandgaon (Chhattisgarh) (Registered Owner)

2 - Vikas Kumar Vasnik S/o Chain Lal Vasnik Aged About 30 Years R/o Village Bhulatola, Police Station Chhuikhadan, District- K.C.G. (Chhattisgarh)

(Driver)

... Appellants Versus

1 - Vijay Kumar Komre S/o Devsai Komre Aged About 24 Years R/o M.No.- 44, Ward No.- 12, Kamansur Khargaon, Thana- Khargaon, District- Mohla Manpur Ambagarh Chowki (Chhattisgarh) (Claimant)

2 - National Insurance Company Limited By- Divisional Manager, National Insurance Company Limited, G.E. Road Raipur, Tehsil And District- Raipur (Chhattisgarh) (Insurer Of Vehicle Truck No. CG- 08/B-1853)

... Respondents For Appellants/Owner & : Mr. Mayur Khandelwal, Advocate Driver For Respondent No. 2/ : Mr. Pravin Tulsyan, Advocate Insurance Company For Respondent No.1 / : None, though served Claimant Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

25/02/2026

1. Registered owner of the offending Truck bearing registration No. CG-08 / B-1853 and driver (appellants herein) have preferred this appeal challenging the judgment and award passed by the learned III^rd Additional Motor Accident Claims Tribunal, Raipur (CG) in Claim No. 986/2023 whereby the learned Claims Tribunal has granted compensation to the tune of Rs.24,23,290/- with interest @ 7% per annum and fastened liability with the owner and driver of the offending vehicle Truck with further stipulation of pay and recover.

2. The facts, in brief, are that on 03.10.2023, at around 12:30 pm, the claimant- Vijay Kumar Komre, Sanjana Tulavi and Anusuiya were going to Rajnandgaon from Village Kamanpur on a motorcycle and when they reached on main road Dongargaon, the driver of the offending Truck bearing registration No. CG-08 / B-1853 by driving it rashly and negligently, dashed against the motorbike, resultantly claimant Vijay Kumar Komre sustained grievous injuries resulting in amputation of left leg below thigh. The claimant remained hospitalized in AIMS Hospital, Raipur from 04.10.2023 to 10.11.2023. There was fracture of thigh bone and after surgery, a rod was inserted. On account of injuries sustained in accident, the fracture and amputation led to permanent disability. The claimant pleaded that at the time of accident, his age was 24 years and earning Rs.12,000/- per month. He claimed a sum of Rs.52,42,000/-.

3. The owner and driver of the offending vehicle-Truck filed reply and took a plea that the rider of the motorbike was negligent. The driver of the offending vehicle-Truck had valid driving licence and vehicle was insured with the Insurance Company.

4. Insurance Company took a plea that the driver of the offending vehicle-

Truck did not have valid driving licence and said vehicle was being plied in absence of valid permit and fitness.

5. The learned Claims Tribunal framed issues, parties led evidence and thereafter award was passed.

6. Mr. Mayur Khandelwal, learned counsel appearing for the appellants/owner and driver would submit that the claimant sustained injuries on account of his own negligence. He would submit that the issue of contributory negligence has not been considered properly by the learned Claims Tribunal. He would contend that the claimant was carrying 02 pillion riders in contravention of Motor Vehicle Rules. It is also argued that the claimant did not possess a valid driving licence at the time of accident. Mr. Khandelwal would submit that the claimant failed to implead Insurance Company of the motorbike. It is also argued that the learned Claims Tribunal failed to summons RTO Officer to verify the authenticity of driving licence of driver of offending vehicle- Truck. The burden to prove breach under Section 149 (2) of the Motor Vehicles Act rests squarely on the insure