1 2025:CGHC:55895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1209 of 2022 Mahavir Sarathi, S/o. Diwan Sarathi, Aged About 43 Years, R/o. Gandhi Nagar, Ward No. 7, Lailunga, Tehsil Lailunga, District Raigarh (C.G.) Presently residing at Ratanpur, Police Station- Ratanpur, Disrtrict Bilaspur (C.G.). ……….(Claimant) ... Appellant versus 1 - Umesh Sav, S/o. Mani Sav, Aged About 38 Years, R/o. Village - Junadeeh, Tehsil - Lailunga, Raigarh, District - Raigarh (C.G.) Driver/owner (Vehicle No. JH 07/D/3921) 2 - Branch Manager, Tata A.I.G. General Insurance Company Ltd. Branch Office No. T-8, Fourth Floor, Gwalani Chamber, Vyapar Vihar Main Road, Tehsil And District - Bilaspur (C.G.)...Insurer (Vehicle No. JH 07/D/3921) ... Respondents For Appellant : Mr. C.K.Sahu, Advocate For Respondent No.2 : Ms. Harneet kaur, Advocate Mr. Akash Shrivastava, Advocate appeared as Amicus Curiae ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.19 10:33:03 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 17.11.2025 1. The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 for grant of compensation challenging the impugned award dated 09.02.2022 passed by the Fourth Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.964/2019, by which the claim application of the appellant has been rejected on the ground that the injuries suffered by the appellant/ claimant have not been established. 2. Mr. C.K.Sahu, learned counsel for the appellant/claimant and Mr. Akash Shrivastava, learned counsel appears as amicus curiae to assist the Court would submit that as per the MLC report Ex.P-1, number of injuries have been noticed and documents relating to the treatment i.e. Ex.P-6, Ex.P-7, Ex.P- 8, Ex.P-9, Ex.P-10, Ex.P-11, Ex.P-12, Ex.P-13, Ex.P-14, Ex.P-15, Ex.P-16, Ex.P-17, Ex.P-18 & Ex.P-19 have been produced and, therefore, the appellant/claimant is entitled for compensation. 3 3. Ms. Harneet Kaur, learned counsel for the insurance company/ respondent No.2 would support the impugned award and submit that the appeal of the appellant/ claimant is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Taking into consideration the documents relating to treatment of the appellant/claimant vide Ex.P-6 to Ex.P-19, the impugned award is set aside and the matter is remitted to the Claims Tribunal to consider and decide afresh the claim application of the appellant/claimant, in accordance with law, within a period of two months from the date of receipt of a copy of this order, without getting prejudice by the earlier order/award. 6. Accordingly, the appeal is allowed to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok