1 2025:CGHC:33069 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 996 of 2018 National Insurance Company Limited Through its Divisional Manager, Divisional Office, Mobin Mahal G. E. Road Raipur Distt. Raipur Chhattisgarh ... Appellant versus 1 - Prakash Kumar Das S/o Trilochan Das Aged About 28 Years R/o Devendra Nagar, Raipur Sec.-4, C/27, 28, Raipur Chhattisgarh 2 - Imran Khan S/o Idris Khan Aged About 22 Years R/o Near Masjid Gajinagar, Beergaon, P. S. Urla Raipur Chhattisgarh Permanent Address Village Parchha, P. S. Maudaha, Distt. Amirpur (U. P.) ... Respondents (Cause-title taken from Case Information System) For Appellant : Mr. Dashrath Gupta, Advocate For Respondents : None Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 15.07.2025 1. Challenge in this appeal is to the award dated 12.01.2018 passed by the learned 9th Additional Motor Accident Claims Tribunal, Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.153/2013 whereby learned Claims Tribunal allowed claim YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.07.18 13:26:14 +0530 2 application in part of the claimant and fastened the liability to satisfy the amount of compensation upon the Insurance Company. 2. Brief facts of this appeal, in a nutshell, are that, on 18.08.2012, at about 10.40 AM, Prakash Kumar Das was going from Devendra Nagar to Shastri Market for purchasing vegetables on his bicycle, when he reached near Vidhansabha Road, the respondent No.2/non-applicant No.1 while driving his Auto bearing registration No.CG-04/T/6783 (for short, ‘offending vehicle’) dashed the bicycle of the claimant, due to which he fell down and suffered injuries over his person. He was taken to Dr. Subbarao Hospital for treatment. In the accident, the claimant has suffered permanent disability. 3. The claimant has filed a claim petition claiming compensation of Rs.7,00,000/- under various heads. 4. Respondents No.2/non-applicant No.1 has not appeared before the learned Claims Tribunal and proceeded ex-parte. 5. The appellant/Insurance Company filed its written statement in which it has denied the contents of the petition and further stated that the offending vehicle was not having valid insurance policy on the date of the accident, as such there was violation of breach of policy conditions and Insurance Company was not liable to pay any amount of compensation. 6. On appreciation of pleadings, oral and documentary evidence brought on record by the respective parties, learned Claims 3 Tribunal has awarded the compensation to the tune of Rs.35,000/- along with interest @ 9% per annum from the date of filing of claim petition till its realization and fastened the liability to satisfy the amount of commendation upon the Insurance Company. 7. Learned counsel for the appellant submits that on the date and time of accident i.e. 18.08.2012, the offending vehicle was not insured with the Insurance Company as such, there was breach of policy conditions of the insurance policy. Therefore, the appeal be allowed and Insurance Company be exonerated to satisfy its liability to pay the amount of compensation. 8. I have heard learned counsel for the appellant and perused the record of the claim case carefully. 9. The learned Claims Tribunal, in paragraph 25 of the impugned award, has held that the claimant was admitted in the hospital for treatment and, during this period, he had to suffer both physical and mental pain and he was also unable to earn any income. During the said period, it is reasonable to assume that some member of his family must have been with him to assist. Considering the nature of the injuries sustained by the claimant and the fact that, due to these injuries, he was unable to perform any work during the treatment period, the Claims Tribunal would be appropriate to consider a period of two months as the period of complete incapacity. In the aforesaid circumstances, taking his monthly income notionally as Rs.4,000/- per month, awarded 4 Rs.8,000/- towards loss of income for two months on account of hospitalization and subsequent rest. Additionally, Rs.5,000/- towards the expenses incurred for an attendant during the period of treatment, a sum of Rs.10,000/- towards pain and suffering, a sum of Rs.5,000/- towards special diet and Rs.5,000/- towards transportation expenses, were also granted. Thus, the Claims Tribunal has awarded total compensation of Rs.35,000/- to the claimant. 10. Having considered the submissions made by learned counsel for the appellant and upon careful perusal of the records, this Court finds that the learned Claims Tribunal has recorded a well- reasoned and justified finding based on the evidence placed on record. 11. Considering the nature of injuries sustained by the claimant, the learned Claims Tribunal has rightly awarded a sum of Rs.35,000/- as just and reasonable compensation. Furthermore, it is proved fact that the offending vehicle was duly insured with the Insurance Company at the time of the accident, and therefore, the learned Claims Tribunal has rightly fastened the liability upon the Insurance Company. 12. Taking into consideration overall facts and circumstances of the case, this Court finds no ground to interfere with the well- reasoned award passed by the learned Claims Tribunal. 5 Accordingly, the appeal filed by the Insurance Company stands dismissed. Sd/- (Amitendra Kishore Prasad) Judge Yogesh