1 2025:CGHC:46017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1948 of 2019 1 - Mayank Sharma S/o Heera Lal Sharma Aged About 23 Years R/o Jagannath Math Mandir, Champa, Tahsil - Champa, District - Janjgir - Champa Chhattisgarh. ( Driver Of Motorcycle No. C G - 11 C A - 8799), District : Janjgir-Champa, Chhattisgarh 2 - Heera Lal Sharma S/o Dhaniram Sharma Aged About 60 Years R/o Jagannath Math Mandir, Champa, Tahsil - Champa, District - Janjgir - Champa Chhattisgarh. ( Owner Of Motorcycle No. C G - 11 C A - 8799), District : Janjgir-Champa, Chhattisgarh ... Appellants versus 1 - Deepak Kumar Sahu S/o Raghunandan Sahu Aged About 34 Years R/o Village - Mauharkhar, Police Station Kota, District - Bilaspur Chhattisgarh. ( Claimant ), District : Bilaspur, Chhattisgarh 2 - The New India Insurance Company Limited, Through - Divisional Manager, Divisional Officer In Front Of Rajiv Plaza, Near Old Bus Stand, Bilaspur, Tahsil And District Bilaspur Chhattisgarh. ( Insurer Of Motorcycle No. C G - 11 C A - 8799), District : Bilaspur, Chhattisgarh ... Respondent(s) For Appellants : Mr. Ayush Verma, Advocate For Respondent No. 1 : None For Respondent No. 2 : Mr. Azad Siddiqui, 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 “ the M.V Act”) has been filed by the appellants/Driver and Owner, being aggrieved by an award dated 05.09.2019 passed by the learned 2nd Additional Motor Accident Claims Tribunal, Bilaspur District- Bilaspur, (C.G.) (for short ‘learned Tribunal’) in claim case No. 414/2018. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.19 18:04:06 +0530 2 2) By the impugned award against a claim of Rs. 12,00,000/-, the learned Tribunal has awarded compensation to the tune of Rs. 3,75,607/- in favour of the respondent No. 1/claimant and learned tribunal held liable to the appellants/Driver and Owner exonerating the insurance company, on account of the injury sustained by him in an accident that took place on 10.12.2017 by rash and negligent driving of offending vehicle (Motorcycle) bearing registration No. C.G-11-CA-8799, driven by Appellant No. 1, owned by Appellant No. 2 and insured with the respondent No.2. 3) The present appeal has been preferred on the grounds that (i) the exoneration of the insurance company from liability is bad in law, and (ii) the amount of compensation awarded is excessive. 4) Upon perusal of paragraph 21 of the impugned award, it is evident that the accident in question occurred on 10.12.2017, whereas the insurance policy in respect of the offending vehicle was issued for the period from 12.12.2017 to 11.12.2018. Thus, on the date of the accident, the offending vehicle was not insured with respondent No. 2/insurance company, and therefore the Tribunal rightly exonerated the insurer from liability. 5) The next ground of challenge relates to the quantum of compensation. It has been brought to the notice of this Court that respondent No. 1/claimant had also preferred an appeal, being M.A.C. No. 344/2020, which was decided by this Court on 22.07.2025. In that appeal, the compensation was already enhanced to a sum of Rs. 4,10,607/-. Once the quantum of compensation has been determined and enhanced in the aforesaid appeal, this Court, in the present proceedings, cannot take a contrary view by reducing the amount so awarded. 6) In view of the above discussion, this appeal is devoid of merit and accordingly stands dismissed. Sd/- (Sachin Singh Rajput) Judge H.Ansari