1 2025:CGHC:46010 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1130 of 2020 1 - Mahesh Kumar Paswan S/o Late Mahavir Paswan, Aged About 40 Years Occupation - Driver R/o - In The House Of Pyare Lal Yadav Big Urla, Thana - Abhanpur, Tahsil - Abhanpur, District - Raipur Chhattisgarh ... Appellant(s) versus 1 - Commissioner, Municipal Corporation Raipur Vehicle City Bus Owner, Address - Gandhi Maidan Raipur, Tahsil And District-Raipur Chhattisgarh. (Owner) 2 - The Oriental Insurance Company Limited, Through - Branch Manager, Branch Office, 1st Floor Purva Arcade N. H. 17 Surattal Mangalore, Karnatka 575014 Divisional Manager, Divisional Office, Kachehari Chowk Jail Road Raipur, Tahsil And District - Raipur Chhattisgarh. (Policy No. 422291/31/2014/6669 Period From 5/11/2013 To 04/11/2014). (Insurer) 3 - Ramsurat Paswan S/o Ramavadh Paswan R/o - Zone 3 Kursipar, Bhilai District - Durg Chhattisgarh. (Owner) 4 - The Oriental Insurance Company Limited, Through - Branch Manager, Branch Office, Shivnath Complex G.E. Road Supela Bhilai (Chhattisgarh) Divisional Manager, Divisional Office, Kachehari Chowk Jail Road Raipur, Tahsil And District Raipur Chhattisgarh). (Policy No. 192100/31/2014/11872 Period From 5/01/2014 To 05/01/2015). (Insurer) ... Respondent(s) 2 For Appellant (s) : Ms. Shalini Jangde, Advocate on behalf of Shri A.L.Singroul, Advocate For Respondent No.1 : Shri Shashi Kumar Kushwaha, Advocate For Respondents 2 and 4 : Shri Arun Kumar Shukla, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order on Board 09/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the M.V.Act’) has been filed against impugned award dated 20/02/2020 passed by the 1st Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh in Claim Case No.786/2015. By the impugned award, learned Tribunal awarded compensation to the tune of Rs.2,20,000/- as compensation to the appellant/claimant on account of injuries sustained by him in an accident that took place on 13/10/2014 by rash and negligent driving of the offending vehicle City 9Bus bearing registration No.CG 04-E-2766 owned by respondent No.1 and insured with respondent No.2 / insurance company. 2. As per the claim application, the appellant was a skilled driver and was earning Rs.3200/- per month as a driver.Therefore, a total compensation to the tune of Rs.15,00,000/- was claimed by him under various heads. The claim application was resisted by the respondent No.1 and stated that the driver of the City Bus was not responsible for the accident. Infact, the appellant was negligent while driving Hywa truck. It is stated that the driver of the City Bus has died in the accident. The insurance company took a plea that the accident occurred due to negligence on the part of the appellant / injured, therefore, insurance company is not liable to pay compensation. It is also pleaded that the compensation has been claimed on exaggerated grounds. Learned Tribunal framed issues, decided the same in favour of the appellants and awarded compensation as stated above. 3. Learned counsel for the appellant / claimant submits that the learned Tribunal wrongly disbelieved the disability certificate and the amount on other heads are on the lower side. Therefore, suitable enhancement 3 may be made. 4. Learned counsel for the insurance company supports the award and submits that the accident occurred due to negligence on the part of the appellant. Therefore, income has been taken rightly and just compensation has been awarded. 5. I have heard learned counsel for the parties, considered their rival submission and perused the records. 6. Learned Tribunal, after proper appreciation of evidence awarded the aforesaid compensation which appears to be just, proper and does not require any interference. From the evidence on record, it appears that the appellant had suffered grievous injuries and also remained in the hospital for a considerable period of time, therefore, in order to make the compensation just, a further sum of Rs.25,000/- is awarded in favour of the appellant / claimant in addition to the amount already awarded. Respondent No.2 and 4 shall pay the amount of Rs.25,000/- within a period of 60 days with 6% interest from the date of claim application. The appeal is allowed in part. Sd/- (Sachin Singh Rajput ) Judge Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 17:00:51 +0530