1 2025:CGHC:48132 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 614 of 2020  Iffco Tokiyo General Insurance Company Limited Through- Legal Manager, Now 205, 2nd Floor, M.M. Silver Plaza, In Front Of Udyog Bhawan, Near Mining Office, Ring Road No. 1, Raipur, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ... Appellant(s) versus 1. Sakeel Khan S/o Abdul Gaffar Aged About 33 Years R/o Village Chachai M.P. E.B. Police Station Chachai, District- Anuppur (M.P.) (Driver) 2. Jainul Aabedit Ansari S/o Noor Mohammad Aged About 55 Years R/o Village- Bhavrahi, Tahsil And District Surajpur, Chhattisgarh (Owner) 3. Nanda Singh S/o Late Jhelsai Aged About 25 Years R/o Village- Karhiyakhad, Police Station- Patna, District- Korea Chhattisgarh (Claimant) ... Respondent(s) For Appellant : Mr. P.R. Patankar, Advocate For Respondent No. 3 : Ms. Chetna Sharma, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 18/09/2025 1) By way of this appeal, appellant–Insurance Company has assailed the award passed by learned Additional Motor Accident 2 Claims Tribunal, Baikunthpur, District – Koriya (C.G.) in Claim Case No. 12/2019 dated 14.11.2019 whereby learned Tribunal has passed an award to the tune of Rs. 7,76,184/- on account of injuries sustained by respondent No. 3–claimant. 2) Facts of the present case as per claim application are that on 27.09.2015 at about 1:00 p.m., claimant on his motorcycle along with one Sunita and Indrapal, were travelling towards Baikunthpur and near Shiv Mandir, respondent No. 1 driving SWIFT DZIRE car in rash and negligent manner, dashed the motorcycle of claimant from rear. Due to the accident, claimant sustained grievous injuries over legs, elbow and shoulder. He remained hospitalized for considerable period. Treating doctors found fracture in femur bone of both legs and he was operated and iron rods were inserted in both legs. The claimant appeared before the Medical Board on 23.11.2016 and the Board has assessed the disability to the extent of 48% in the disability certificate [Exhibit P-22(C)]. 3) Learned counsel for the appellant–Insurance Company submits that Medical Board has assessed the disability of claimant to the extent of 48% but word “permanent” has not been used in the disability certificate. He further submits that as disability of claimant was not permanent, thus learned Tribunal committed error of law in assessing the compensation. He prays to set aside the award passed by the learned Tribunal. 4) On the other hand, learned counsel appearing for the respondent– 3 claimant submits that the claimant suffered severe injuries to both legs, resulting in irreparable damage that necessitated the insertion of iron rods. She further submits that claimant is a peasant who was unable to perform his agricultural activities, therefore Medical Board after examining the physical condition, assessed the disability to the extent of 48%. She contends that this appeal deserves to be dismissed. 5) Heard learned counsel for the parties and perused the record. 6) Admittedly, due to accident, claimant suffered grievous injuries in both legs and iron rods were inserted and it became impossible for him to carry out his agricultural activities, therefore, learned Tribunal taking into account the loss of earning has rightly assessed the disability of the claimant and awarded just and proper compensation. 7) Taking into consideration the above-discussed facts, in the opinion of this Court, no case is made out to interfere with the award impugned. Consequently, this appeal fails and is hereby dismissed. No order as to cost(s). Sd/- Rakesh Mohan Pandey JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2025.09.19 09:37:38 +0530