1 2025:CGHC:25396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 944 of 2017 1 - Makhan Lal Sahu S/o Shri Nthalu Ram Sahu, Aged About 40 Years R/o Village Atramra, P.S. Rajim, District Raipur, Chhattisgarh 2 - Puran Sahu S/o Shri Nethu Ram Sahu, Aged About 37 Years R/o Village Atarmara, P.S. Rajim, District Raipur, Chhattisgarh ... Appellants versus Keshu Ram Sahu S/o Lt. Shri Puna Ram Sahu, Aged About 55 Years R/o Durga Para Santoshi Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh ... Respondent For Appellants : Ms. Laxmi Gupta, Advocate holding brief of Mr. Pragalbha Sharma, Advocate For Respondent : Mr. S.P. Sahu, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 18/06/2025 1. Heard Ms. Laxmi Gupta, learned counsel holding brief of Mr. Pragalbha Sharma, learned counsel for the appellants as well as Mr. S.P. Sahu, learned counsel appearing for the respondent. 2. The owner and driver of the Motorcycle bearing registration No.CG- 04/DH/9745 (hereinafter referred to as “offending vehicle”) has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘M.V. Act’) challenging the award dated 02.03.2017 passed by the YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.06.23 18:28:01 +0530 2 learned Second Additional Judge to the Court of First Additional Motor Accident Claims Tribunal, Raipur C.G. (hereinafter referred to as “Claims Tribunal”) on the ground that the offending vehicle was not involved in the said accident, as such the award passed by the Claims Tribunal is per se wrong and illegal, which needs to be set-aside. 3. It was the case of the claimant that on 11.11.2010, at about 6.30 PM, the injured claimant Keshu Ram Sahu was travelling on his motorcycle bearing registration No.CG-04/FB/8152, at that relevant time, appellant No.1 was driving the offending vehicle rashly and negligently, dashed the motorcycle of the injured, due to which he suffered severe injuries over his person. Due to the injuries sustained, he was admitted to the Ramkrishna Care Hospital as inpatient from 11.11.2010 to 26.11.2010 as also 31.03.2011 to 05.04.2011. 4. The injured claimant has filed the claim application and seeking compensation to the tune of Rs.10,50,000/- alleging various grounds. 5. After appreciating the submissions advanced on behalf of the parties as also perusing the material on record, learned Claims Tribunal has awarded compensation to the tune of Rs.1,47,248/- along with interest @ 6% per annum from the date of filing of the claim application till its realization and fastened the liability to satisfy the amount of compensation upon the appellants. 6. Learned counsel for the appellants submits that there is nothing to record to show that the accident occurred on 11.11.2010 and the same was happened due to rash and negligent driving of the offending vehicle. She further submits that both the FIRs has been lodged 3 against the said vehicle and the criminal proceedings were initiated on the basis of said FIR against the driver of the vehicle, however, the claimant himself could not submit his legal position before the learned Claims Tribunal that, what was the number of vehicle. She submits that sometimes the claimant stated some different number and sometime, another number, as such, the impugned award be set aside and the appellants were exonearted to satisfy the amount of compensation. 7. On the other hand, learned counsel for the respondent-claimant supported the impugned award and submits that Claims Tribunal has passed an appropriate order while assessing the evidence and there is nothing perverse or illegal in granting the said award. 8. I have heard the learned counsel for the parties and perused the record carefully. 9. After perusal of the record as also from the award vide issue No.1, the Claims Tribunal has been found that the accident occurred by the offending vehicle, which was driven by appellant No.1 and owned by appellant No.2. In the said accident, the injured sustained multiple injuries over his head and neck as well as he was treated in the Ramkrishan Care Hospital as inpatient from 11.11.2010 to 26.11.2010 as also his bone of neck got operated, for which he was hospitalized from 31.03.2011 to 05.04.2011. 10. Considering the aforesaid aspect of the matter, this Court is of the view that the learned Claims Tribunal after taking evidence of the parties has rightly been taken into consideration that due to the said accident, which was occurred on 11.11.2010 by the offending vehicle, the 4 claimant has suffered severe injuries and as such, the learned Claims Tribunal has rightly awarded the compensation to the tune of Rs.1,47,248/- to the claimant. 11. From perusal of the evidence as also the record of the claim case, it seems that the Claims Tribunal while awarding a sum of Rs.1,47,248/- has not committed any illegality, which is just and proper in the given facts and circumstances of the case as well as learned Claims Tribunal has not erred in fastening the liability to satisfy the amount of compensation upon the appellants, who are driver and owner of the offending vehicle. 12. Accordingly, the appeal filed by the driver and owner of the offending has sans merit, which deserves to be and is hereby dismissed. 13. As a consequence, interim order dated 23.07.2018, passed by this Court shall stand vacated. The claimant is entitled to get the rest of the amount. The appellants are directed to pay the remaining part of awarded amount within sixty days. Sd/- (Amitendra Kishore Prasad) Judge Yogesh