NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1953 of 2025 Magma Hdi General Insurance Company Ltd By Manager, Magma Hdi General Insurance Company Ltd, Pujari Park Pachpedi Naka, Dist.- Raipur (C.G.) (Insurer Of Erring Vehicle C.G. 18 H 0998) ------ Appellant Versus 1. Smt. Mitanjali Patr W/o Lt. Shri Jayprakash Patr Aged About 47 Years R/o Kanyashala Ward No. 2, Gariaband, Thana- Gariaband, Tehsil And Dist.- Raipur (C.G.) (Injured) 2. Yuvraj Mahobiya S/o Shri Ganesh Mahobiya Aged About 48 Years R/o Gram Baktara Sichayi Colony, Thana- Abhanpur, Dist. Raipur (C.G.) (Driver Of The Vehicle C.G. 18 H 0998) 3. Krishna Kumar Kesharwani S/o Lt. Bhailal Kesharwani Aged About 55 Years R/o Bacheli New Market, Gurudwara Road, Krishna Optical Thana- Bacheli, Dist.- Dantewada (C.G.) (Registered Owner Of The Vehicle C.G. 18 H 0998) ------ Respondents __________________________________________________________________ For Appellant : Ms. Astha Shukla and Ms. Nikhita Dubey, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 03 /09/2025 1. Heard on I.A.No.03/2025 application for condonation of delay. 2. On due consideration and for the reasons stated in the application, the same is allowed and delay of 12 days in filing the appeal is hereby condoned. 3. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellant / Insurance Company, challenging the award dated 28/04/2025 passed in MACC No. 253/2023 by the II Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.) by which the learned Claims Tribunal against a compensation of Rs. 09,00,000/- an amount of Rs.01,23,680/- was awarded in favour of the respondent No.1/claimant on account of injuries sustained by her in an accident that occurred on 13/02/2023 by rash and negligent driving of the offending vehicle Truck bearing registration No. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.16 11:41:20 +0530 -2- CG-18-H-0998. Respondent No. 2 is the driver and Respondent No. 3 is the owner of the offending vehicle and insured with the appellant / Insurance Company. The appeal is filed only ground that the the deceased was responsible and contributory on causing the accident 4. As per pleadings of the claim application filed under section 166 of the MV Act was filed by the respondent No.1/claimant that the deceased – Jai Prakash Patra was died in motor vehicular accident by rash and negligent driving of the Truck to the car of the deceased. 5. The claim application was resisted by the driver, owner and Insurance Company on various grounds that the accident caused due to self negligent of the car drive. The respondent No. 3 / Insurance Company took a plea that there is a violation of terms and conditions of Insurance Policy. 6. Learned counsel for appellant / Insurance Company submits that the injured was traveling in a car bearing registration No. CG-23-K-1446. The said car collided with the offending vehicle as the driver of the offending vehicle suddenly applied break and the car dashed on the back side of the offending vehicle. At the time of accident, it has come on record that the injured was talking to the driver of the car, therefore contributed in causing the accident. Therefore suitable deduction may be made. 7. The submission made by the learned counsel for the appellant is out-rightly rejected in light of judgment of the Hon’ble Supreme Court in case of T. O. Anthony V. Karvarnan and ors, (2008) 3 SCC 748. It’s not a case of contributory negligence rather it’s a case of composite negligence. Therefore, this Court does not find, this appeal worth admission 8. Thus, the appeal dismissed at the admission stage itself. 9. All the pending applications are disposed of. Sd/- (Sachin Singh Rajput) Judge Ashish