Digitally signed by 2026:CGHC:9596 SIDDHANT SIDDHANT TAMRAKAR TAMRAKAR Date:

2026.03.02

0 + 9 0 : 5 5 3 2 0 :57 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 5 of 2021  Branch Manager, The Oriental Insurance Company Ltd., Sunil Video World, Mahavir Swami Chowk, Main Market Kawardha, District - Kabirdham (C.G.), Through In - Charge, T. P. Hub, T.P. Hub Office, Rama Trade Centre, 1st Floor, Opp. Rajeev Plaza, New Old Bus Stand, Bilaspur Chhattisgarh, Pin - 495001. (Appellant) (Respondent No. 3)

--- Appellant versus

1. Vijay Kumar Sahu, S/o Bhagat Ram Sahu, Aged About 24 Years At -

Manikchouri, Police Station - Pipariya, Tahsil - Kawardha, District - Kabirdham Chhattisgarh. (Claimant), District : Kawardha (Kabirdham), Chhattisgarh

2. Pawan Kumar, S/o Rajelal Patel, Aged About 32 Years At Village Bhagutola, Police Station And Tahsil - Kawardha, District - Kabirdham, Chhattisgarh. (Driver - Cum - Owner) (Respondents), District : Kawardha (Kabirdham), Chhattisgarh --- Respondent(s)

MAC No. 70 of 2021  Vijay Kumar Sahu S/o Bhagatram Sahu Aged About 24 Years R/o Manikchouri, Police Station- Pipariya, Tahsil- Kawardha, District-

Kabirdham, Chhattisgarh ---Appellant Versus

1. Pawan Kumar S/o Rajelal Patel Aged About 32 Years R/o Village-

Bhagutola, Police Station And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh

2. Branch Manager The Oriental Insurance Company Limited, Sunil Video World, Mahavir Swami Chowk, Main Market, Kawardha, District Kabirdham, Chhattisgarh --- Respondent(s) MAC No. 5 of 2021 For Appellant/Insurance : Mr. R.N. Pusty, Advocate along with Mr. Akash Company Shrivastava, Advocate For Respondent No. 1/ : Mr. Chandrikaditya Pandey, Advocate Claimant For Respondent No. 2 : None, though served.

MAC No. 70 of 2021 For Appellant/ : Mr. Chandrikaditya Pandey, Advocate holding Claimant the brief of Mr. Dharmesh Shrivastava, Advocate For Respondent No. 2 : Mr. R.N. Pusty, Advocate For Respondent No. 1 : None, though served.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

24.02 .2026

1. Above mentioned two appeals have been preferred against judgment and award passed by the learned Motor Accident Claims Tribunal, Kabirdham passed in Claim Case No. 16/2015 dated 21.01.2020, wherein the learned Tribunal has granted compensation to the tune of Rs. 3,35,000/- with interest at the rate of 6% per annum on account of injuries sustained by the claimant.

2. MAC No. 5 of 2021 has been preferred by the Insurance Company challenging liability as well as quantum, whereas, MAC No. 70 of 2021 has been preferred by the claimant for enhancement.

3. The facts in brief are that on 05.02.2014, while construction of returning wall was under progress, the claimant was hit by rider of motorcycle bearing registration No. CG 09 A 1040. In said accident, on account of forceful and sudden hit, the claimant lost his balance and his right hand got plucked in the mixture machine and it was crushed. His right hand had to be amputated below elbow. The Medical Board issued permanent disability certificate to the extent of 55%. The claimant filed a claim case under Section 166 of Motor Vehicle Act, wherein, he pleaded that on the date of accident his age was 24 years and earning Rs. 350/- per day as he was Mason. The Insurance Company filed reply and took a plea that the offending bike was not involved in the accident at all. Further plea was taken that rider of the bike had no valid driving licence.

4. The learned Tribunal dismissed the claim petition vide judgment and award dated 4^th March, 2016. The claimant preferred MAC No. 584 of 2016, which was allowed and the judgment and award dated 4^th March, 2016 was set- aside and matter was remitted back to the learned Tribunal to decide it afresh.

5. The learned Tribunal framed issues and came to conclusion that the rider of the bike while driving it rashly and negligently dashed the claimant on 05.02.2014, resultantly, he sustained injuries. It is further held that the claimant failed to prove the fact that h