1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1385 of 2018 1 - Manager, Cholamandlam General Insurance Company Ltd. Tehsil And District Raipur, Chhattisgarh. Through Its Deputy Manager (Legal), Cholamandlam Ms General Insurance Company, 2nd Floor Simran Tower Opposite Of Lic Building Pandri Raipur, District Raipur, Chhattisgarh. ..........Insurer, District : Raipur, Chhattisgarh ... Appellant versus 1 - Santram Bhatt S/o S/o Derha Ram Bhatt Aged About 55 Years R/o Village Bharenga P. O. Parsulidih, P. S. And Tehsil Abhanpur, District Raipur, Chhattisgarh. ..............Claimant., District : Raipur, Chhattisgarh 2 - Ravikant Bhatt S/o S/o Shatrughan Bhatt Aged About 33 Years R/o Village Bharenga P. O. Parsulidih, P. S. And Tehsil Abhanpur, District Raipur, Chhattisgarh. ...........Owner Cum Driver., District : Raipur, Chhattisgarh ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Appellant :- Ms. Shrishti Upadhyaya, Advocate For Respondent No. 1 :- Ms. Ankita Goswami, Advocate on behalf of Mr. P.K. Patel, Advocate For Respondent No. 2 :- Mr. Satish Surya, Advocate on behalf of Mr. Yogesh Pandey, Advocate ----------------------------------------------------------------------------------------------- VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 04.11.2025 1. This appeal is by the Insurance Company against the award 21.06.2018 passed by the 6th Additional Motor Accident Claims Tribunal, Raipur, C.G. in Claim Case No.631/2017, awarding total compensation of Rs.63,000/- with interest @ 7.5% per annum from the date of application till realization while fastening liability on the non-applicant Nos. 1 & 2 jointly and severely. 2. As per the averments made in the claim petition, on 02.05.2017 the claimant- Santram Bhatt was travelling to Abhanpur Hospital in a Tata Safari bearing registration No. CG-04-DT-0712 (hereinafter called as ‘offending vehicle’) along with his friend, for the purpose of obtaining medical treatment for one Durgesh Bharti, who had suffered an electric shock. It is alleged that the said offending vehicle was being driven by its driver/non-applicant No.1 in a rash and negligent manner. During the course of the journey, the driver/non- applicant No.1 lost control of the vehicle and the offending vehicle collided with a roadside tree. As a result of the said accident, the claimant sustained grievous injuries and subsequently suffered permanent disability. At the time of accident, the offending vehicle was owned and driven by non-applicant No.1 and insured with non- applicant No.2/Insurance Company. 3. On claim petition being filed by the claimant under Section 166 of the Motor Vehicles Act seeking compensation to the tune of 3 Rs.36,90,000/- under various heads, the Tribunal considering the evidence led by both the parties passed an award as mentioned in para 1 of this judgment. 4. Learned counsel for the Appellant/Insurance Company submits that at the time of accident, the offending vehicle was being used under a hire purchase agreement, which constitutes a violation of the policy conditions, and therefore, the insurer is not liable to pay compensation to the claimant. 5. Learned counsel for the claimant submits that the claim petition has been filed by the claimant for enhancement of the award, and the same has already been decided by this Court in M.A.C. No. 1600/2018 vide judgment dated 22.08.2025, wherein the amount of Rs.63,000/- awarded by the Tribunal was enhanced to Rs.90,000/-. Hence, the facts regarding disposal of the claimant’s appeal may be taken on record. 6. On the other hand, learned counsel for the owner submits that at the time of accident, the offending vehicle was not being used under hire purchase and the Tribunal, after evaluating the evidence available on record, has rightly passed the award in favour of the claimant. 7. I have heard learned counsel for the parties and perused the record. 8. From a perusal of the record, it appears that in the case of injury, the learned Claims Tribunal had passed an award granting a sum of 4 Rs.60,000/- to the claimant for the injuries sustained by him. Although certain findings have been recorded in favour of the Insurance Company, but considering the fact that in the case of the claimant, this Court has already passed an order directing the Insurance Company to pay compensation to the tune of Rs.90,000/- with interest at the rate of 6% per annum from the date of filing the appeal till the date of actual payment, this Court is not inclined to accept the argument advanced by the appellant/Insurance Company. 9. Accordingly, the appeal filed by the Insurance Company being without any substance is liable to be and is hereby dismissed. sd/- (Amitendra Kishore Prasad) Judge Vishakha