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2025 DAILYLAW 2685 (CHH)

KHUMAN SINGH v. VIPIN KUMAR TIRKEY

MAC/106/2020 · 2025-09-08

Shri Sachin Singh Rajput

body2025

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 106 of 2020 1 - Khuman Singh S/o Ramashray, Aged About 27 Years Occupation Constable C.G. Police, R/o Village Dhruwakari, Police Station Masturi, District Bilaspur Chhattisgarh..............Claimant, District : Bilaspur, Chhattisgarh ... Appellant versus 1 - Vipin Kumar Tirkey S/o Late Barnavash Tirkey, Aged About 37 Years Occupation Driver, R/o Village Remte Road, Kunkuri, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 2 - Leyos Tirkey S/o Late Barnavash Tirkey, Aged About 47 Years Caste Uraon, Occupation Government Servant, R/o Village Karamtoli, Post Dokda, Tahsil Kansabel, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh 3 - The Oriental Insurance Company Limited, Branch Office, Raigarh Road, Patthalgaon, District Jashpur Chhattisgarh.................(Ins. Comp.), District : Jashpur, Chhattisgarh ... Respondent(s) For Appellant : Mr. Rajendra Kumar Patel, Advocate For Respondent No. 3 : Ms. Manisha Yadav on behalf of Mr. Akash Shrivastava, Advocate Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 09.09.2025 1) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed by the appellant/claimant being aggrieved by the award dated 19.09.2019 passed in Claim Case No. 37/2018 by the learned Motor Accident Claims Tribunal, Kunkuri to the Court of Additional Claims Tribunal, District-Jashpur (CG) (for short ‘learned Tribunal’). By the impugned award the learned Tribunal has 2 awarded Rs. 30,000/- in favour of the appellant/claimant as compensation on account of grievous injuries received by him which took place on 10.11.2016 by the rash and negligent driving of respondent no. 1/driver of the offending vehicle i.e. Tavera bearing registration no. OD-15-6825, owned by respondent No. 2 and insured with the respondent No. 3. 2) Learned counsel for the appellant submits that the amount awarded by learned tribunal is on the lower side and bills have not been considered, which may be suitable enhanced. 3) Learned counsel for the respondent No. 3 supports the award and submits that bills which have been filed by the appellant/claimant has already been received by him from his department which could not be disputed by the learned counsel for the appellant and just compensation has been awarded by the learned Tribunal. 4) I have heard learned counsel for the parties and perused the record. 5) On perusal of record & evidence available, this Court deems it fit to award further sum of Rs. 25,000/- to make the compensation just. 6) Respondent No. 3 is directed to deposit an additional sum of Rs. 25,000/- to the appellant/claimant within a period of 60 days from today, otherwise it will be liable to pay interest of @6% from the date of this order. The entire amount of compensation as awarded by Tribunal shall be paid by the respondent No. 3 insurance company and it may recover the same from the respondent No.1/driver & respondent No.2/owner of the offending vehicle. 7) Appeal thus allowed in part. Sd/- (Sachin Singh Rajput) Judge H.Ansari HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.16 14:32:29 +0530