1 2025:CGHC:17622 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1539 of 2017 1. The National Insurance Company Limited, Through The Branch Manager,Branch Office Kamthi Line Rajnandgaon Chhattisgarh. ... Appellant versus 1. Kailash Dahre S/o Heeraman Dahre, Aged About 50 Years Occupation Rickshaw Puller, R/o Village Maneri, Police Station - Dongargaon District Rajnandgaon Chhattisgarh At Present Address Sahdev Nagar Bhadauriya Chowk Police Station Basantpur Rajnandgaon Chhattisgarh. 2. Santosh Kumar Kaushal S/o Mulchand Kaushal, Aged About 24 Years, Occupation Driver, R/O Dondekela Police Station Dharsinwa District Raipur Chhattisgarh At Present Address Archana Properties Mamta Nagar Rajnandgaon Chhattisgarh. 3. Shivnarayan Malani S/o Badri Prasad Malani, Aged About 58 Years, Occupation Vehicle Owner Baldev Bag, Gali No. 2 Ward No. 14 Rajnandgaon Chhattisgarh. ... Respondents For Appellant : Mr. Qamrul Aziz, Advocate. For Respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Judgment on Board (17.04.2025) 1. This appeal is directed against the award dated 14.07.2017 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.21 17:23:02 +0530 2 passed by the learned Motor Accident Claims Tribunal, Rajnandgaon (C.G.) in Claim Case No. 86/2015. 2. As against compensation of Rs. 18,10,000/- claimed by the respondent No.1/claimant by filing claim application under Section 166 of the Motor Vehicles Act (henceforth ‘the Act’) in the motor accident on 14.07.2017, the Tribunal awarded a total sum of Rs. 8,36,436/- along with interest at the rate of 09% per annum in favour of the claimant. 3. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving of truck bearing registration No. CG-08-B-1707 by its driver – Santosh Kumar Kaushal, i.e. respondent No. 2; as a result of which Kailash Dahre/Respondent No. 1 sustained permanent disability in the motor accident as his left hand has been amputated during treatment; the appellant/insurance company held liable for payment of compensation; assessed and awarded the aforesaid sum as compensation in favour of claimant/injured. Hence, the appeal. 4. Learned counsel appearing for the appellant/insurance company submits that the learned Claims Tribunal has erred in awarding compensation of Rs.3,27,600/- in favour of the claimant/respondent No.1 under the head of permanent disability, though Rs.4,68,839/- has already been awarded towards loss of income on account of disablement. Therefore, it appears that the aforesaid compensation amount has been awarded on the same head twice which needs to be reduced. Thus, the appeal is liable to be allowed and modified the impugned award. 5. No one appeared on behalf of the respondents during the final hearing of this case. 6. I have heard learned counsel for the appellant and perused the award impugned including the record of the Tribunal. 7. In the case in hand, considering the oral as well as documentary evidence and particularly taking note that the claimant/injured, who was working as a rickshaw driver, as a result of the said accident, the left hand of the injured has 3 amputated during treatment. The learned Claims Tribunal has not awarded any compensation towards artificial limb, physical and mental agony, loss of income during treatment, nutritious food, Attendant and transport expenses. Therefore, by considering all these facts, this Court finds that the compensation awarded by the Claims Tribunal is not on the higher side, therefore, the arguments raised by counsel for the appellant are not found acceptable. 8. In the view of the aforesaid discussions, this Court does not see any illegality on the finding recorded by the Claims Tribunal, which does not call for any interference. 9. Accordingly, the appeal of the appellant is liable to be and is hereby dismissed. 10. Records of the Tribunal along with a copy of this judgment be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.