1 2025:CGHC:32735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1071 of 2018 1 - Raja Babu S/o Bhagirti Kurre, Aged About 18 Years Village Fokatpara, Datan (Khaira) Chowki-Lavan, P.S. Kasdol, District Baloda Bazar Bhatapara (Chhattisgarh).......(Driver), District : Balodabazar- Bhathapara, Chhattisgarh. 2 - Kanhaiya Khare, S/o Ramratan Khare, R/o Village Hirri, Post Sasaha, P.S. Pamgarh, District Janjgir Champa Chhattisgarh........ (Owner), District : Janjgir-Champa, Chhattisgarh. ... Appellant(s) versus 1 - Mohan Miri S/o Karel Miri, Aged About 57 Years R/o Fokatpara Datan (Khaira), Police Chowki Lavan, P.S. Kasdol, District Baloda Bazar Bhatapara (Chhattisgarh)......Non- Applicant No. 1 (Father Of Deceased), District : Balodabazar-Bhathapara, Chhattisgarh. 2 - Smt. Sukhbai Miri, W/o Mohan Miri, Aged About 53 Years R/o Fokatpara Datan (Khaira), Police Chowki Lavan, P.S. Kasdol, District Baloda Bazar Bhatapara (Chhattisgarh)......Non- Applicant No. 2 (Mother Of Deceased), District : Balodabazar-Bhathapara, Chhattisgarh. 3 - New India Insurance Company Limited, Divisional Office, Jeevan Bima Marg, Vaivsaik Parisar, Pandri Raipur, District Raipur Branch Office- Ambedkar Chowk, Baloda Bazar, District Baloda Bazar Digitally signed by RAGHVENDRA JAT 2 Bhatapara (Chhattisgarh), District : Balodabazar-Bhathapara, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Leekesh Kumar, Advocate on behalf of Ms. Renu Kochar, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Mr. Dashrath Gupta, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 14/07/2025 1. The present are Driver and Owner’s appeal assailing the award dated 23.04.2018 passed by the learned Motor Accident Claims Tribunal, Baloda Bazar, District – Baloda Bazar- Bhatapara (C.G.) in Motor Accident Claim Case No.76/2017, whereby the Claims Tribunal has awarded a compensation of Rs. 6,54,800/- with interest @ 9% per annum in favour of respondents No. 1 to 2 herein. 2. Brief facts of the case, is that, on 24.05.2017, the offending vehicle tractor bearing registration No. C.G. 22-HC-4271, was being driven by appellant/non-applicant No. 1 and owned by appellant No. 2. Due to rash and negligent driving, the son of respondents/applicants No. 1 and 2, namely, deceased Purshottam Miri died on. The deceased was returning to his village Datan after unloading Rath from the tractor when, due to the negligent driving of appellant No. 1, he fell from the engine of 3 the tractor, came under its wheel, and succumbed to his injuries. The claimants have filed an application under Sections 166 and 140 of the Motor Vehicles Act, 1988, claiming compensation to the tune of Rs. 17,07,000/- which was registered as Claim Case No. 76/2017. The learned tribunal vide its award dated 23.04.2018 decided all issues in favor of the respondents/claimants and awarded Rs. 6,54,800/- against loss of income, Rs. 6,04,800/- towards funeral expenses, Rs. 10,000/- for loss of love and affection, Rs. 20,000/- for pain and suffering, and Rs. 20,000/- for loss of estate, totaling Rs. 6,54,800/- as compensation with interest at 9% per annum from the date of application. 3. Learned counsel for the the appellant/ driver and owner has filed this appeal challenging the liability fastened upon the driver and owner. He further submits that there was breach of insurance policy as the deceased was seating of the engine of the tractor. He further submits that the offending vehicle tractor was insured with the insurance company and on the date of accident the driver had valid driving license. He further submits that the claims Tribunal has awarded a sum of Rs. 6,54,800/- which is not in accordance with law. He further submits that the compensation awarded under other heads is also on higher side. Hence, this appeal may be allowed. 4 4. On the other hand, learned counsel for respondent No. 3 opposes the same. 5. None for respondents No. 1 & 2. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts and circumstances of the case, the learned claims tribunal has considered the evidence and upon marshaling of evidence of the witnesses it has rightly held that since there is breach of conditions of insurance policy as such liability was fastened upon the driver and owner and they are held liable for payment of compensation as such the tribunal has not committed any error of law and same is not required to be interfered with. 8. Accordingly, the appeal fails and it is hereby dismissed. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat