1 2025:CGHC:56925 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 386 of 2025 • Branch Manager I.C.I.C.I. Lombard, General Insurance Company Limited Vanijya Bhawan, Devendra Nagar, Raipur, Post Pandri, Tahsil and District Raipur, Chhattisgarh, Present and Correct Address- 5th Floor, Skypark, Opposite Bhantai Nursing Home, Canal Road Civil Lines, Raipur C.G.(Insurance Company of Motorcycle Bearing Registration Number CG04-D N-9353) --- Petitioner versus 1. Upanshu Sahu, S/o Siyaram Sahu, aged about 32 Years, R/o Village Borjhara, Tahsil Kurud, District Dhamtari, Chhattisgarh (Claimant and Registered Owner/driver Of Motorcycle Bearing Registration Number CG04-D N-9353) 2. Mandeep Singh Dhillan, S/o Gurudyal Singh Dhillan, R/o Near Model School, Dak Bangla Ward, Dhamtari, Tahsil and District Dhamtari C.G. (Registered Owner Of Car Bearing Registration Number C.G.-05-A- 8011) --- Respondents REVP No. 321 of 2025 • Branch Manager I.C.I.C.I. Lombard, General Insurance Company Limited Vanijya Bhawan, Devendra Nagar, Raipur, Post Pandri, Tahsil and District Raipur, Chhattisgarh, Present and Correct Address 5th Floor, Skypark, Opposite Bhantai Nursing Home, Canal Road Civil Lines, Raipur Chhattisgarh (Insurance Company of Motorcycle Bearing Registration No. C.G.-04-DN-9353) ---Petitioner Versus AKHILESH BEOHAR Digitally signed by AKHILESH BEOHAR Date: 2025.11.25 17:16:34 +0530 2 1. Hemlal, S/o Narhar Sahu, aged about 30 Years, Caste Teli, R/o Village Borjhara, Tahsil Kurud, District Dhamtari, Chhattisgarh. (Claimant) 2. Mandeep Singh Dhillan, S/o Gurudyal Singh Dhillan, R/o Near Model School, Dak Bangla Ward, Dhamtari, Tahsil and District Dhamtari, Chhattisgarh (Owner of Indica Car Bearing Registration No. C.G.-05- A-8011) 3. Upanshu Sahu, S/o Siyaram Sahu, aged about 32 Years, R/o Village Borjhara, Tahsil Kurud, District Dhamtari, Chhattisgarh (Non-Applicant No. 2) (Owner-Cum-Driver of Motorcycle Bearing Registration No. C.G.-04-DN-9353) --- Respondents For Insurance Company : Mr. Sourabh Sharma and Mr. Sourabh Gupta, Advocates. For Claimants : Mr. A.L. Singroul, Advocate. (Hon'ble Shri Justice Radhakishan Agrawal) Order on Board 24.11.2025 1. Both these Review Petitions have been filed by the Insurance Company seeking correction/modification of the judgment dated 04.07.2025 passed in MAC No. 843/2016 (Upanshu Sahu vs. Mandeep Singh Dhillan & Another) and MAC No. 854/2016 (Hemlal v. Mandeep Singh Dhillan & Others) only with respect to point of liability part recorded in paragraphs 10, 11 and 12 of the said judgment. 2. Learned counsel for the Insurance Company submits that although this Court held that the accident occurred due to contributory negligence of the drivers of both the vehicles involved to the extent of 60% on the part of the driver of the Indica Car and 40% on the part of the driver of the motorcycle, but due to inadvertence, the ratio of 60:40 has been incorrectly mentioned in paragraphs 10, 11 & 12 of the judgment and, therefore, requires modification. He further submits that only the motorcycle was insured with the petitioner/Insurance Company- ICICI 3 Lombard General Insurance Company Limited, whereas the offending vehicle (Indica Car) was not insured at the time of accident. Hence, it is prayed that the above paragraphs be suitably corrected/modified. 3. Learned counsel for the claimants does not oppose the prayer made by the Insurance Company. 4. After considering the submissions of learned counsel for both the sides and examining the records, this Court finds that an inadvertent error has occurred in paragraphs 10, 11 and 12 of the judgment dated 04.07.2025. Accordingly, the same require correction. Thus, paragraphs 10, 11 & 12 of the judgment dated 04.07.2025 passed in MAC No.854 of 2016 & MAC No.843 of 2016 shall be read as under:- “10. Dealing with the case of appellant- Hemlal (MAC No. 854/2016), it is an undisputed fact that the accident occurred due to negligence of drivers of both the vehicles. Further, the motorcycle was insured with the Insurance Company and there is no breach of policy conditions, therefore, the Insurance Company/Non-Applicant No.3 is liable to pay the compensation upto 40% of the total awarded amount, whereas Mandeep Singh Dhillan/non- applicant No.1 is held liable to pay 60% of the awarded amount. Further, dealing with the case of appellant- Upanshu Sahu (MAC No. 843/2016), the appellant himself was involved in the occurrence of the accident and is, therefore, held responsible for 40% towards contributory negligence. Thus, he is only liable to get 60% of the 4 awarded amount from the non-applicant No.1/Mandeep Singh Dhillan. 11. For the foregoing reasons, I shall recompute the total compensation to be awarded to the appellants in both the appeals. Appellant- Hemlal (MAC No.854/2016) has incurred Rs.1,81,050/- on the medical treatment and further, he has been granted total Rs.1,00,000/- towards other heads. Thus, he is liable to get total compensation amount of Rs.2,81,050/- (Rs.1,81,050 + Rs.1,00,000/-), out of which, 40% amount i.e. 1,68,630/- will be paid by the insurance company/non-applicant No.3 and 60% amount i.e. Rs.1,12,420/- will be paid by non-applicant No.1/Mandeep Singh Dhillan. Ordered accordingly. 12. Likewise, appellant- Upanshu Sahu (MAC No.843/2016) has incurred Rs.1,32,070/- on his medical treatment and further, he has been granted total Rs.1,00,000/- towards other heads. Thus, he is entitled to be awarded total compensation of Rs.2,32,070/- (Rs.1,32,070/- + Rs.1,00,000/-), out of which, he is only entitled to get 60% amount i.e. Rs.1,39,242/- from the non-applicant No.1/Mandeep Singh Dhillan. Ordered accordingly. So far as the judgment referred to by the counsel for the appellants is concerned, the same is distinguishable and would not be helpful in the present appeals.” 5. In view of the above corrections/modifications, both the Review Petitions are allowed. The corrected/modified paragraphs 10, 11 and 12 5 shall be read as above. It is made clear that the above corrected/modified paragraphs shall form part of the original judgment dated 04.07.2025 passed in MAC No.854 of 2016 & MAC No.843 of 2016. 6. Except for the above corrections, the remaining portions of the judgment shall remain intact. Sd/- (Radhakishan Agrawal) Judge Akhilesh