Advocates:
['SUNIL SAHU', '', 'SUMIT SHRIVASTAVA', 'ANUMEH SHRIVASTAVA']

1

(Proceedings through video conferencing)

AFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MAC No. 913 of 2015

• Khoman Lal Sahu S/o Shri Lakhan Lal Sahu Aged About 30

Years R/o Village Chorbhatti, Thana And Tahisl- Kurud, Civil

And Revenue District- Dhamtari, Chhattisgarh, Chhattisgarh

---- Appellant

Versus

1. Mannu Lal S/o Shri Vishambher Yadav Aged About 56 Years

R/o Village Kasaridih Durg Thana & Tahsil- Durg, Civil &

Revenue District- Durg (CG)

2. Manager, Manish Traders, Pulgaon Naka Durg Thana &

Tahsil- Durg, Civil & Revenue District- Durg, Chhattisgarh.

3. Divisional Manager, The Oriental Insurance Co. Limited, M.B.

Trade Balak Chowk Dhamtari, Tahsil & District- Dhamtari (CG)

---- Respondents

For Appellant

:

Mr. Sunil Sahu, Advocate

For Respondent No.3

:

Mr. Anumeh Shrivastava, Advocate

Hon'ble Shri Parth Prateem Sahu, J

Order On Board

27/8/2021

1. Claimant has preferred this appeal under Section 173 of the

Motor Vehicles Act, 1988 (for brevity ‘the Act of 1988’)

questioning the validity and legality of award dated 2.3.2015

passed by the Chief Motor Accident Claims Tribunal, Dhamtari

(for brevity ‘the Claims Tribunal’) in Claim Case No.144/2013

by which the Claims Tribunal allowed application filed under

Section 166 of the Act of 1988 in part; awarded sum of

Rs.5,80,640/- with interest @ 6% p.a. from the date of filing of

application in an injury case and fastened liability upon non-

2

applicants to satisfy the amount of compensation, jointly and

severally.

2. Facts of the case, in brief, are that on 21.5.2013 appellant-

claimant along with his wife & children, after attending a

marriage ceremony, was returning from village Bhura to village

Chorbhatti on his motor cycle bearing registration number

CG07-U-3487. On the way, one bus bearing registration

number CG07-E-1114 (for short 'offending vehicle') driven by

non-applicant No.1 rashly and negligently, dashed his

motorcycle from its back and caused accident. In the accident,

appellant and his wife suffered grievous injuries. Appellant was

taken to the Government Hospital, Kurud. Looking to the

nature of injuries suffered by appellant, he was referred to

Christian Hospital, Dhamtari. Appellant suffered grievous

injuries on his head, face, hand and left shoulder. He suffered

crushed injuries over his left knee as offending vehicle ran

over his left leg. During the course of treatment left leg of

appellant was amputated above knee.

3. Appellant filed an application under Section 166 of the Act of

1988 pleading therein that on the date of accident, he was an

able bodied person of 30 years age. Prior to accident, he was

working as Driver of van and tractor with one Raju Seth and

earning Rs.4,500/- per month. He was also working in his

agriculture field measuring 10 acres and earning Rs.70,000/-

per month from it. After motor accident, he has suffered

permanent disability and become unable to perform any

3

activity, which he was performing prior to date of accident, to

earn livelihood for himself and his family members. He

claimed total sum of Rs.24,00,000/- as compensation on

different heads.

4. Non-applicants No.1 & 2, driver & owner of offending vehicle,

did not appear before Claims Tribunal and were proceeded

ex-parte.

5. Non-applicant No.3 Insurance Company submitted its reply to

application and denied the facts pleaded therein. It was further

pleaded that on the date of accident, non-applicant No.1-driver

of offending vehicle, was not possessed with valid and

effective driving license; there was no valid permit and fitness

certificate with offending vehicle; non-applicant No.1 was not

employed with non-applicant No.2 to drive offending vehicle.

There was breach of conditions of insurance policy, hence

insurance company is not liable to indemnify the insured.

6. The Claims Tribunal based upon the pleadings and evidence

placed on record by re