HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 621 of 2023 Devendra Kumar Sahu S/o Lobhan Sahu, Aged About 20 Years R/o Village Dhandhani, Post Murta, Police Station And Tahsil Nawagarh, District Bemetara Chhattisgarh, At Present Nayapara Ratanpur, Police Station Ratanpur, District Bilaspur Chhattisgarh. --- Appellant Versus 1 - Manoj Chauhan S/o Late Darshan Sahu, R/o -Naya Bus Stand, Bemetara, Post, Police Station And Tahsil Bemetara, District Bemetara Chhattisgarh, (Driver Of The Vehicle Track No. C.G. -25/e./1579) 2 - Dullichand Mundada S/o Ranidan Mundada, R/o House No. 316, Ward No. -09, Baba Ramdev Ward, Bemetara, Police Station And Tahsil Bemetara, District Bemetara, District Bemetara Chhattisgarh. (Owner Of The Vehicle Track No. C.G. -25/e./1579) 3 - The New India Insurance Company Limited, Through Branch Managar, Branch Office -2nd Floor, Rama Trade Centre, In Front Of Rajiv Plaza, Near Old Bus Stand, Bilapsur, Tahsil And District Bilaspur Chhattisgarh, (Insurer F The Vehicle Track No. C.G. -25/e./1579) --- Respondents ________________________________________________________________ For Appellants : Shri Anand Kesharwani, Advocate. For Respondent No. 1 & 2 : Shri Arvind Prasad, Advocate. For Respondent No. 3 : Ms. Harneet Kaur Khannuja, Advocate appeared on behalf of Shri Sourabh Sharma, Advocate. ________________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 01 /04/2026 1. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellant / claimant, challenging the award dated 05.09.2022 passed by the IV Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 60/2010. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2026.04.13 11:01:30 +0530 -2- 2. By the impugned award, against a claim of Rs.16,50,000/-, the learned Tribunal has awarded compensation of Rs.01,88,705/- partly allowing an application under section 166 (1) of MV Act filed by the appellant / claimant on account of injuries sustained by the appellant in an accident that took place on 23.12.2019 by rash and negligent driving of the offending vehicle Truck bearing registration No. CG-25-E- 1579 by respondent No. 1 / driver, owned by respondent No. 2 / Owner and insured with the respondent No. 3 / Insurance company. 3. As per the pleadings in the claim application filed under Section 166 of the MV Act, on the date of accident i.e. 23.12.2019, the appellant had gone to Murta Society on a motorcycle to obtain a token for selling paddy. While returning to his home, when he reached near Daga Murgi Farm House, Navagadh – Sambalpur, the driver of the offending truck by driving in a rash and negligent manner, dashed the motorcycle of the appellant. As a result of the said accident, the appellant sustained severe injuries. The accident was reported to Police Station Nawagadh for the offense punishable under sections 279, 337 and 338 of the I.P.C. in Crime No. 340/19 was registered against the driver of the vehicle. 4. The respondent Nos. 1 and 2 by filing joint written statement denied the averments of the claim application. Accident had not occurred with his vehicles and they has been falsely implicated. The amount of compensation is claimed exaggerated. 5. The respondent No. 3 also filed its statement and denied the averments, and in usual course pleaded that the driver of the offending vehicle was not holding valid and effective driving license. No documents regarding the age and income of the deceased have been filed. Thus, the application may be rejected. 6. On the basis of above broad pleadings, the learned Tribunal framed seven issues and decided the same in favour of the appellant / claimant and awarded the above stated compensation. -3- 7. Learned counsel for the appellant / claimant submits that income of the appellant is on the lower side which requires enhancement. 8. Learned counsel for the respondents No. 3 / Insurance Company support the award and submits that just amount of compensation has been awarded. 9. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 10. To make compensation just, in addition to the amount already awarded by the learned Tribunal, Rs.25,000/- is awarded to appellant which shall be deposited by the respondent No. 3 / Insurance Company within a period of 60 days. 11. Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/- (Sachin Singh Rajput) Judge . Ashish