1 2025:CGHC:48955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2021 of 2019 1 - United India Insurance Company Limited By Divisional Office Kutchery Square Raipur, District Raipur, Chhattisgarh. Through- Authorised Signatory, Manager, T.P. Hub, United India Insurance Company Limited, 2nd Floor Gurukripa Towers Vyapar Vihar Road Bilaspur P.S. Civil Line Tehsil And District Bilaspur, Chhattisgarh. ... Appellant versus 1 - Raju Ratre S/o Chaitram Ratre Aged About 40 Years R/o Village Bemcha P.S. And Tehsil Mahasamund District Mahasamund, Chhattisgarh. (Claimant), District : Mahasamund, Chhattisgarh 2 - Manoj Yadav S/o Kuleshwar Yadaw Aged About 26 Years R/o Village Ghodari P.S. Tehsil And District Mahasamund, Chhattisgarh. (Driver Of The Maruti Van No. Cg 04 Hc 0928), District : Mahasamund, Chhattisgarh 3 - Kamlesh Devangan S/o Tula Ram Devangan Aged About 31 Years R/o Village Macheva P.S. Mahasamund Tehsil And District Mahasamund, Chhattisgarh. (Registered Owner Of The Maruti Van Bearing No. Cg 04 Hc 0928), District : Mahasamund, Chhattisgarh ---- Respondents For Appellant/Insurance Company : Mr. B.N. Nande, Advocate For respondents : None appears though served Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 24.09.2025 1. In MAC No.2021 of 2019, the appellant/Insurance Company has challenged the award passed by the learned Second Additional Motor Accidents Claims Tribunal, Mahasamund passed in Claim Case No.81/2015 dated 07.02.2019, whereby, the learned Tribunal has passed an award to the tune of Rs.2,20,750/- with interest @ 6% per annum on account of injuries sustained by the claimant/Raju -2- Ratre. 2. Facts of the present case are that on 18.11.2014 at about 7:30 p.m. the deceased Laxminarayan Kosre and Raju Ratre were going to Mahasamund from Village Godhari on motorcycle bearing registration No. CG04/CX/6075 and when they reached near Kothari stone factory, driver of the Maruti Van bearing registration No.C.G.04/HC/0928, driving it rashly and negligently dashed the motorcycle from rear side. Consequently, the deceased Laxminarayan Kosre and Raju Patre sustained grievous injuries and they were taken to hospital. Laxminarayan Kosre succumbed to injuries during course of treatment. 3. Mr. Nande, learned counsel appearing for the appellant/Insurance Company would submit that though the date of accident is 18.11.2014 but FIR was registered on 06.01.2015 vide Ex.P/2 and thus, the claimant got sufficient time to implant the vehicle. He would contend that though the doctor was not examined to prove the injuries sustained by the injured but the learned Tribunal has placed reliance on the disability certificate and passed an award to the tune of Rs.2,20,750/-. He would also argue that the learned Tribunal has passed award at higher side which requires modification. He would pray to set aside the award. 4. Despite service of notice none appears on behalf of the respondents/claimants. 5. I have heard learned counsel for the appellant/Insurance Company at length and perused the records with utmost circumspection. 6. A perusal of the record would show that the morgue intimation was lodged on 19.11.2014 by Ward boy of District Hospital 3 Mahasamund. The police registered FIR on the basis of morgue intimation on 06.01.2015 and the registration number of the offending vehicle is specifically mentioned in the FIR. Thus, the contention made by Mr. Nande that FIR was registered after 55 days appears to be misconceived. 7. A perusal of the record would show that the claimant sustained injuries over right leg and there was fracture of tibia and fibula bone. The claimant was operated and steel rod was inserted. The disability certificate was issued by the Medical Board vide Ex.P/55. 8. Dr. N.K. Mandpe (AW2), who was a member of the Medical Board has proved the contents of the disability certificate. He stated that the claimant appeared before the Medical Board on 02.03.2016 and he was duly examined and thereafter disability certificate to the extent of 45% was issued. This witness has further deposed that the claimant became unable to work as Labourer. 9. Learned Tribunal has assessed the functional disability to the extent of 10% and further considering the notional income Rs.4500/- assessed loss of earning and computed the dependency part to the extent of 10% of total loss of earning. For future loss of earning, learned Tribunal applied multiplier of 15. 10.On other heads, learned Tribunal has awarded medical expenses Rs.50,000/-, future medical expenses Rs.20,0000/-, attendant Rs.3,500/-,pain and suffering Rs.5,000/-, special diet Rs.5,000/-, conveyance Rs.5000/- and disfiguration Rs.25,000/-. 11.Thus, the learned Tribunal has passed just and proper compensation assessing the income and considering the disability certificate issued by the Medical Board. -4- 12.Considering the above discussed facts, I do not find any good ground to interfere with the award passed by the learned Tribunal. Accordingly this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha