1 2025:CGHC:53561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 125 of 2024 1 - Murarilal Thakur S/o Late Shri Dhannulal Thakur Aged About 45 Years Present Address - R/o 2/1, Street - 40, Sector -6, Ward No. 48, Civik Center Bhilai, District - Durg, Chhattisgarh. Permanent Address - Resident Of Village Batang, Police Station Ameshwar, District - Durg, Chhattisgarh. (Driver Of Offending Vehicle Bearing Registration No. C.G. -07/bj-1438) (Owner) 2 - Smt. Kavita Thakur W/o Murari Lal Thakur Aged About 40 Years Present Address - R/o 2/1, Street - 40, Sector -6, Ward No. 48, Civik Center Bhilai, District - Durg, Chhattisgarh. Permanent Address - Resident Of Village Batang, Police Station Ameshwar, District - Durg, Chhattisgarh. (Driver Of Offending Vehicle Bearing Registration No. C.G. -07/bj-1438). ... Appellants versus 1 - Smt. Lata Verma W/o Late Shri Santosh Verma Aged About 51 Years Father Late Santosh Verma, R/o Village Batang, Ward No. 5, Police Station Ameshwar, District - Durg, Chhattisgarh. (Claimants) 2 - Smt. Basanti Verma W/o Jehar Singh Verma Aged About 70 Years Father 2 Late Santosh Verma, R/o Village Batang, Ward No. 5, Police Station Ameshwar, District - Durg, Chhattisgarh. 3 - Pallavi Verma Aged About 21 Years Father Late Santosh Verma, R/o Village Batang, Ward No. 5, Police Station Ameshwar, District - Durg, Chhattisgarh. 4 - Pushpakant Verma Aged About 19 Years Father Late Santosh Verma, R/o Village Batang, Ward No. 5, Police Station Ameshwar, District - Durg, Chhattisgarh. ... Respondent(s) For Appellants : Mr. S. P. Sahu, Advocate For Respondent(s) : Ms. Seema Verma, Advocate, holding the brief of Mr. Jitendra Gupta, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 03/11/2025 1. The appellants/driver and owner have filed this appeal assailing the award passed by the learned VIIIth Additional Motor Accident Claims Tribunal, Durg, in Claim Case No.332/2021, whereby the learned Tribunal has granted compensation to the tune of Rs.10,68,200/- with interest @ 9% per annum on account of death of Santosh Verma on 17.11.2020. 3 2. Brief facts of the case are that on 17.11.2020, at about 10.00 Hrs, the driver of the offending vehicle was riding his motorcycle (CG-07-BJ- 1438) rashly and negligently and applied brake without following traffic rules and the deceased, who was on a Scooty, collided with the offending vehicle. Resultantly, he sustained injuries over his head. He was admitted in DKS Hospital, Durg and died on 25.11.2020, during the course of treatment. 3. The claimants, who are the widow, mother and children of the deceased, filed a claim case inter alia on the ground that age of the deceased was 49 years at the time of the accident and he was earning Rs.18,000/- per month as he was a Bus Driver. They claimed Rs.83,50,000/- as compensation. 4. The appellants herein filed reply and denied averments made in the claim application. They pleaded that the deceased was in an intoxicated condition and there was no negligence on the part of the driver of the offending vehicle. A specific plea was taken that one Shishupal Thakur, pillion rider of the offending vehicle sustained injuries but he was not examined by the claimants. 5. Parties led their evidence and thereafter an award was passed by the learned Tribunal. 6. Mr. S. P. Sahu, learned counsel for the appellant would submit that there was no negligence on the part of the driver of the offending vehicle. Shishupal Thakur, who sustained injuries in the said accident, 4 has not been examined and the claimants exaggerated the income of the deceased; thus, he would pray to set aside the impugned award. 7. On the other hand, learned counsel appearing for the claimants would oppose the submissions made by counsel for the appellants and submit that the learned Tribunal has passed a just and proper award. 8. Heard learned counsel for the parties and perused the record. 9. Witness Hitesh Nishad (AW/2) has stated that on 17.11.2020, he was a pillion rider on the motorcycle of the deceased. He stated that the rider of the offending vehicle was driving the motorcycle rashly and negligently and without following the traffic rules, he applied brake and the deceased could not get sufficient time to control his motorcycle and it collided with the offending motorcycle. He further stated that in the said accident, Santosh Verma sustained injuries over his head and during the course of treatment died. 10.The driver of the offending vehicle, Murari Lal Thakur, and NAW-2 Shishupal Thakur, have admitted the event of the accident. NAW-2 stated that he was a pillion rider with the driver of the offending vehicle and he sustained injuries and he was taken to the hospital. In cross- examination, he admitted that his statement under Section 161 of the CrPC was not recorded by the police. He approached the police to lodge an FIR but the same was not registered, but he did not make any complaint before higher authorities. The learned Tribunal did not find the evidence of NAW/1 & NAW/2 trustworthy. Further, the learned 5 Tribunal has placed reliance on the charge sheet and other documents placed on record by the claimants. The appellants herein could not rebut those documents by leading evidence. 11.Taking into consideration the findings recorded by the learned Tribunal, 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 Nadim