NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 107 of 2021 The Oriental Insurance Company Limited By The Side Of Hotel Laxman Avenue, Near Shahid Park Jagdalpur, C.G., District : Bastar(Jagdalpur), Chhattisgarh ------ Appellant Versus 1. Rohit Paul, S/o Late Nikhil Paul Alias Likhil Paul, aged about 18 Years, R/o Borgaon, Thana- Farasgaon, District- Kondagaon, C.G. 2. Shivlal Netam, S/o Waderam Netam, R/o Bangaon, Thana- Farasgaon, District- Kondagaon, C.G. 3. Pradeep Singhm S/o Ramkewal Singhm R/o Farasgaon, District- Kondagaon, C.G. ------ Respondents __________________________________________________________________ For Appellant : Shri Sudhir Agrawal, Advocate. For Respondents : None appeared for the respondent despite of service. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 28 /08/2025 1. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellant / Insurance Company, challenging the award dated 24/09/2022 passed in Claim Case No. 35/2019 by the Additional Motor Accident Claims Tribunal, Kondagaon, District - Kondagaon (C.G.) by which the learned Tribunal against a compensation of Rs. 32,00,000/- an amount of Rs.12,35,005/- was awarded in favour of the respondent No.1/claimant on account of injuries sustained by him in an accident that occurred on 25/02/2019 by rash and negligent driving of the offending vehicle Motorcycle bearing registration No. CG-17-KE-8232. Respondent No. 2 is the driver and Respondent No. 3 is the owner of the ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.07 15:16:38 +0530 -2- offending vehicle and insured with the appellant / Insurance Company. The challenge in the award is ground that the learned tribunal has found the age of deceased 36 years on the basis of adhar card which ought to have been taken to 50 years in light of the age of the deceased mentioned in the criminal paper. The other ground is that the deceased himself contributed to the accident and vehicle was not involved in the accident. 2. As per pleadings of the claim application filed under section 166 of the MV Act was filed by the respondent No.1/claimant that the deceased – Nikhil @ Likhil Paul was his father who died in motor vehicular accident by rash and negligent driving of the motorcycle bearing registration No.CG-17-KE- 8232 on 25/02/2019. According to the respondent No.1/claimant the deceased was earning Rs.300/- per day. 3. The claim application was resisted by the driver, owner and Insurance Company on various grounds. The respondent No. 3 / Insurance Company took a plea that there is a violation of terms and conditions of Insurance Policy. 4. Learned counsel for appellant / Insurance Company submits that first contention with regard to age of the deceased though there is no document on record to suggest the actual age of the deceased, however the Tribunal relied upon the adhar card that the age of the deceased was 36 years. Though the arguments has been advanced that the deceased was aged about 50 years but no evidence is led by the Insurance Company. Therefore, this contention is rejected. Second condition with regard to involvement in the accident is rejected on the ground that the Insurance company took plea that there is a contributory negligence in the accident. Once the Insurance Company takes a plea of contributory negligence there cannot be ground raised by it that the vehicle was not involved. Therefore, -3- this contention is also is also rejected. Alternatively argument with regard to contributory negligence is also rejected as the driver of the offending vehicle was also not examined to prove that he was not negligent in committing the accident rather the deceased was responsible for accident. The Insurance Company also did not brought any evidence. In light of the above all the grounds raised by the learned Counsel of the appellant do not warrant interference in the award impugned. 5. Thus, the appeal fails and dismissed. Sd/-/- (Sachin Singh Rajput) Judge Ashish