1 2025:CGHC:53992 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 960 of 2018 1 - The Oriental Insurance Company Limited Through The Divisional Manager, Oriental Insurance Company Ltd. Divisional Office Geetanjali Bhawan, Main Road, Korba, District Korba, Chhattisgarh (Non Applicant No.3), District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - Itwari S/o Dev Prasad Aged About 45 Years R/o Village Kurda, District Janjgir-Champa, At Present R/o Village Dhatura, Tahsil Pali, District Korba, Chhattisgarh (Claimant), District : Korba, Chhattisgarh 2 - Bharat Kumar Yadav S/o Samndra Yadav Aged About 23 Years R/o Village Amartal, P.S. Janjgir, District Janjgir-Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 3 - M/s Coalman Vidhya Nagar, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh (Non-Applicants), District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. H. S. Patel, Advocate For Respondents : None. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04.11.2025 ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 1. This appeal has been filed by the appellant being aggrieved by the award dated 04.01.2018 passed by the learned Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.), presided over by Shri Prashant Parashar, in Motor Accident Claim Case No. 77/2010 titled Itwari vs. Bharat Kumar Yadav & Others, whereby the learned Tribunal awarded a compensation amount of ₹2,52,846/– in favour of the claimant(s). 2. Facts of the case for necessary disposal of this case, if brief, are that The brief facts of the case are that the applicant, aged about 45 years, was engaged in the business of cloth trading and earning an income of ₹12,500 per month. It has been stated that on 29.03.2010, at about 7:30 p.m., near Chhuiya Talab, Village Kurda, Tahsil and District Janjgir-Champa (C.G.), the driver, while driving truck bearing registration No. CG-10 M-0103 in a rash and negligent manner, dashed against the bicycle of the injured, namely Itwari, causing the accident. As a result, the claimant sustained grievous injuries, including a fracture near the right wrist, dislocation of the shoulder, and severe crushing injuries to the leg, leading to multiple fractures and subsequent amputation of the leg during treatment to save his life. The applicant suffered immense physical pain, sustained other serious bodily injuries, and became permanently disabled, rendering him incapable of walking or carrying out his occupation. He underwent treatment at B.D.M. Hospital, Champa; Dr. G.K. Nayak, Champa; Sims Hospital, Bilaspur; Indira Gandhi Hospital, Korba; and Apollo 3 Hospital, Bilaspur. It has been further stated that the claimant(s) treatment is still continuing and that he has already incurred an expenditure of about ₹2,00,000 towards medical treatment, transportation, nutritious diet, and other related expenses, with an estimated additional expenditure of ₹1,00,000, thereby bringing the total estimated cost of treatment to ₹3,00,000. The offending vehicle, truck bearing registration No. CG-10 M-0103, was being driven by Respondent No. 1 at the time of the accident, owned by Respondent No.2, and insured with Respondent No. 3. 3. Learned counsel for the insurance company respectfully submits that the impugned award dated 04.01.2018 passed by the learned Claims Tribunal is perverse, erroneous, and contrary to the facts, law, and evidence available on record. The learned Tribunal failed to appreciate that the driver of the offending truck, was not holding a valid and effective driving licence at the time of the accident. The appellant insurance company had duly obtained and placed on record the surveyor’s report, which clearly mentioned that on the date of the accident the driver was not in possession of the valid and effective driving licence to operate the offending vehicle. Furthermore, it is evident from the challan filed by the investigating agency that driver was charge-sheeted for the offence punishable under Section 3/181 of the Motor Vehicles Act, and he did not produce any evidence before the Tribunal to prove the validity of his licence. The learned Tribunal also erred in assessing 70% permanent disability of claimant without any 4 cogent or reliable medical evidence. Consequently, the award of compensation is on the higher side, arbitrary, and deserves to be set aside in the interest of justice. 4. None for the appellant/claimant. 5. No representation was also made on behalf of the driver and owner of the offending vehicle. 6. I have heard learned counsel at bar and perused the documents available on record with utmost circumspection. 7. Upon perusal of the entire record, this Court finds that the learned Claims Tribunal has passed a well-reasoned and justified award based on due appreciation of the oral and documentary evidence brought on record. The finding regarding rash and negligent driving by the driver of the offending vehicle is duly supported by the evidence, and no contrary material has been produced by the appellant/insurance company to dislodge the said finding. The plea regarding the invalidity of the driving licence has neither been substantiated by cogent evidence nor conclusively proved. Further, the assessment of disability and computation of compensation by the learned Tribunal are in consonance with the settled principles of law and cannot be said to be excessive or arbitrary in any manner. Therefore, this Court does not find any illegality, irregularity, or perversity in the impugned award warranting interference in appellate jurisdiction. 5 8. Accordingly, the appeal being devoid of merit is dismissed, and the award dated 04.01.2018 passed by the learned Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in Motor Accident Claim Case No. 77/2010 is hereby affirmed. No order as to costs. Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) Judge Saxena