1 2025:CGHC:33613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1467 of 2019 1 - Santosh Sahu S/o Shri Anand Ram Sahu Aged About 23 Years R/o Village Kachha, Mathpara, Police Station Vidhansabha, District Raipur, Chhattisgarh. (Dirver Cum Owner). --- Appellant versus 1 - Smt. Kiran Kashyap W/o Late Taran Kahsyap Aged About 39 Years 2 - Aman Chirag Kashyap S/o Late Taran Kashyap Aged About 18 Years 3 - Minor Chirag Kashyap S/o Late Taran Kashyap Aged About 15 Years Through Natural Gaurdian Smt. Kiran Kashyap W/o Late Taran Kashyap 4 - Jhaduram Kashyap S/o Late Loknath Kashyap Aged About 70 Years all are R/o Saddu Lig 06, House No. 921, Police Station Vidhansabha, Tahsil And District Raipur, Chhattisgarh,(Claimants). --- Respondent(s) _____________________________________________________________ For Appellant : Mr. Akhilesh Kumar, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 17/07/2025 1. Appellant/non-applicant (owner-cum-driver) has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.07.23 10:48:45 +0530 2 1988’) challenging the impugned award dated 11.04.2019, passed in Claim Case No.93 of 2018, whereby the learned 6th Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (for short ‘the Claims Tribunal’) awarded compensation of Rs.9,55,000/- in death case. 2. Facts relevant for disposal of this appeal are that a claim application U/s.166 of the Act, 1988 was filed by the claimants/respondents seeking compensation of Rs.55,00,000/- against the death of Taran Kashyap, who died in the road accident. It was pleaded that on 01.10.2017, at about 5:00 p.m., Taran Kashyap was returning home on his motorcycle bearing registration number CG-04/KY/2663 after purchasing vegetables. When he reached near Saddu VIP Colony turn, non-applicant, while driving the offending motorcycle No. CG- 04/HV/8122, in a rash and negligent manner, collided forcefully with the motor cycle of Taran Kashyap. As a result of the collision, Taran Kashyap was thrown off his motorcycle and sustained serious and grievous injuries to various parts of his body. He was immediately admitted to Balaji Hospital for medical treatment. Unfortunately, despite efforts to save him, he succumbed to the injuries during treatment on 07.10.2017. 3. Non-applicant filed reply denying the allegations made in the claim application. It was pleaded that the insurance company of the vehicle being driven by the deceased, was not impleaded as a party respondent; therefore, the application is not maintainable due to the non-joinder of a necessary party. It was further contended that the deceased was himself riding his motorcycle was coming from the 3 opposite direction in a rash and negligent manner and collided with the motorcycle of the non-applicant. Hence, the deceased is solely responsible for causing the accident. 4. Learned Claims Tribunal upon appreciation of pleadings and evidence placed on record by respective parties, allowed the claim application in part and awarded total compensation of Rs.9,55,000/- fastening liability upon the non-applicant. 5. Learned counsel for the appellant submits that the impugned award is bad in law and perverse. It is further contended that this appeal is filed on the sole ground that claimant has not impleaded the insurer and owner of the vehicle bearing No. C.G.04-KY-2663 as party respondent, hence, the claim application is not maintainable due to the non-joinder of a necessary party. 6. I have heard learned counsel for the applicant and perused the record of claim case. 7. The claimants/respondent No.1 to 4 filed an application U/s. 166 of the Act, 1988 for grant of compensation pleading therein that on 01.10.2017 at about 5 PM deceased Taran Kashyap while travelling on his own motor cycle bearing No.C.G.04-KY-2663 was dashed by appellant/non-applicant by driving his motor cycle bearing No.C.G.04- HV-8122 rashly and negligently. Learned Claims Tribunal based on the pleadings made by both the parties have formulated five issues for consideration including issue No.1 as to whether on 01.10.2017, non- applicant drove his motor cycle bearing No.C.G.-04-HV-8122 rashly and negligently, caused accident resulting in death of Taran Kashyap 4 and answered the issue in affirmative. Accident was reported in the police station, based upon which, FIR was registered against appellant/non-applicant and after investigation, police submitted final report/charge-sheet for alleged offence under Section 279, 337 of I.P.C. and Section 146/196 of M.V. Act. The learned Claims Tribunal after considering the entire evidence available on record came to the conclusion that appellant/non-applicant drove the motor cycle rashly and negligently. In above facts of the case and finding of learned Claims Tribunal, submission of learned counsel for the appellant that claim case was not maintainable in view of non-impleadment of owner and insurer of the motor cycle bearing No.C.G.-04-KY-2663 is not sustainable. Accordingly, it is repelled. No other ground is raised by learned counsel for appellant before this Court. 8. For the forgoing discussions, the appeal being sans merit is liable to be and it is hereby dismissed. Sd/- (Parth Prateem Sahu) Judge Balram