THE ORIENTAL INSURANCE COMPANY LIMITED v. BALKRISHNA SAHU
MAC/2015/2025 · 2025-09-11
Shri Sachin Singh Rajput
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43344 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43344 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 2015 of 2025 The Oriental Insurance Company Limited Through Divisional Manager, Office Address G.E. Road, Parmanand Bhawan, Infront Of Rajendra Park, Durg, Distt. Durg, Chhattisgarh. (Policey No. 214500/31/2024/2093) (Perioed Of Insurance Dated 23.12.2023 To 22.12.2024) (Insurer Of Vehicle Sumo No. Cg-04-Lt-3256) ------ Appellant Versus
1. Balkrishna Sahu S/o Deendayal Sahu Aged About 19 Years R/o Village Ward No. 01, Borhra, Dhaneli, Tahsil Gurur, Distt. Balod, Chhattisgarh
2. Sheetal Giri @ Suraj @ Chhotu Goswami S/o Milan Giri Goswami Aged About 24 Years R/o Village Borhra, Ward No. 05, P.S. And Tahsil Gurur, Distt. Balod, Chhattisgarh. (Driver Of Vehicle Sumo No. Cg-04-Lt-3256)
3. Omprakash Yadav S/o Ratnu Ram Aged About 33 Years R/o Village Tikrapara, Ward No. 13, Gurur, Distt. Balod, Chhattisgarh. (Owner Of Vehicle Sumo No. Cg-04-Lt-3256) ------ Respondent __________________________________________________________________ For Appellant
: Shri Raj Awasthi, Advocate. Hon'ble Shri Justice Sachin Singh Rajput
Order on Board 12 /09/2025
1. This appeal has been filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellant / Insurance Company, being aggrieved by the award dated 25/06/2025 passed in Claim Case No. 189/2024 by the I Motor Accident Claims Tribunal, Balod, District – Balod (C.G.) by which the learned Tribunal against a compensation of Rs. 09,50,000/- an amount of Rs.25,000/- along-with interest @ 6% was awarded in favour of the respondent No.1/claimant on account of injuries sustained by him in an accident that occurred on 04/05/2024 by rash and negligent driving of the ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.19 12:18:27 +0530
-2- offending vehicle Tata-Sumo Jeep bearing registration No. CG-04-LT-3255. Respondent No. 2 is the driver and Respondent No. 3 is the owner of the offending vehicle and insured with the appellant / Insurance Company.
2.
Learned counsel for appellant / Insurance Company submits that the award passed in this appeal is of Rs.25,000/-. In view of the provision contains under section 173 (2) of the MV Act, the appeal is not maintainable.
3. Permission is granted to the learned counsel for the appellant to withdraw this appeal with liberty to take remedy available under Law.
4. Accordingly, this appeal is dismissed as withdrawn with the aforesaid liberty.
5. Annexure P/1 and P/2 be return back to the appellant after retaining the attested photo-copy of the same. Sd/-
(Sachin Singh Rajput)
Judge
Ashish