1 / 3 2025:CGHC:39438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1247 of 2019 • State Of Chhattisgarh Through Collector, Baikunthpur, District Korea Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh --- Appellant/ Non-applicant No. 4 versus 1. Charan Khalkho S/o Late Tassuram Aged About 55 Years 2. Smt. Santari, W/o Charan Khalkho Aged About 45 Years 3. Manisha Khalkho D/o Charan Khalkho Aged About 17 Years Through Guardian Charan Khalkho 4. Amisha Khalkho D/o Charan Khalkho Aged About 14 Years Through Guardian Charan Khalkho, 5. Justin Khalkho S/o Charan Khalkho Aged About 7 Years Through Guardian Charan Khalkho All are R/o Junaprasad, Police Station Charcha, Tahsil Baikunthpur, District Korea Chhattisgarh. ….applicants/ claimants 6. Santosh Shah S/o Shambhu Shah Aged About 45 Years R/o Block No. 1, Ward No. 12, Dola Rajnangar, Police Station Bijuri, Tahsil Kotma, Districrt Anuppur, Madhya Pradesh. (Owner Of The Truck No. M.P. 65 G. A. 0660) ……….non-applicant No. 1 7. Aman Singh S/o Prem Singh Aged About 24 Years R/o Paradol, Police Station Jhagrkhand, District Korea Chhattisgarh. (Driver Of Truck No. M.P. 65 G.A. 0660)….non-applicant No. 2 8. Branch Manager Chola Mandalam M/s General Insurance Company Branch Bhopal Madhya Pradesh. (Insurer)….non-applicant No. 3 9. Jai Kishore Singh S/o Manmohan Singh R/o New Ledri, Police Station Jhagrakhand Tahsil Manendragarh, District Korea Chhattisgarh. (Driver of Government Mahindra Jeep No. CG 02-1996)….non-applicant No. 5 ---Respondents/ Non-applicants ____________________________________________________________ For Appellant : Mr. Ajeet Singh, Govt. Advocate PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 Hon'ble Shri Justice Parth Prateem Sahu Judgment On Board 07/08/2025 1. This appeal is filed by appellant-State under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”), challenging the award dated 14.11.2018 passed by Learned Second Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 05/2016, whereby learned Claims Tribunal allowed the application filed by applicants-claimants therein under Section 166 of the Act, 1988 in part and awarded total sum of ₹ 7,50,000/- as compensation, fastened liability to satisfy the award upon non-applicants therein, jointly and severally. 2. Learned counsel for appellant-State fairly submitted that Respondents No. 1 to 5/ claimants have also filed Miscellaneous Appeal (Civil) challenging impugned award seeking enhancement of amount of compensation as awarded by the Claims Tribunal in MAC No. 413 of 2019, which came up for hearing before this Court on 13.06.2025. Upon hearing the learned counsel for the respective parties therein including learned counsel representing the State, it was allowed in part enhancing the amount of compensation. 3. Perusal of order passed in MAC No. 413 of 2019 on 13.06.2025 would show that during course of hearing learned counsel appearing on behalf of State made his submission, however, he did not bring to the notice of this Court that the State Government has also preferred an appeal pending consideration in this present appeal. This appeal is filed on the ground that the Claims Tribunal erred in not considering the fact that the claimants failed to plea and prove negligence of the driver which is sine quo non for maintaining the application under Section 166 of the Act of 1988. 3 / 3 4. As this Court has considered and decided the appeal filed by claimants/ Respondents No. 1 to 5 herein, seeking enhancement of amount of compensation in MAC No. 413 of 2019 challenging the same impugned awarded and has enhanced the amount of compensation after hearing counsel representing the respective parties therein, I do not find any good ground to entertain this appeal on merits 5. Accordingly, the appeal is dismissed in view of the order passed in MAC No. 413 of 2019 on 13.06.2025. Sd/- (Parth Prateem Sahu) Judge pwn