1 2025:CGHC:59553 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 318 of 2025 1 - Shriram General Insurance Co. Ltd. Company Limited, Head Office, E-8 Riicoi, Industrial Area Sitapura, Jaipur (Rajasthan) Through - Regional Manager Having Regional Office At Plot No. 1, 4th Floor, Maruti Heights, Besides Sky Auto Maruti Dealer, Mahoba Bazar, Besides R.K. Mall, G.E. Road Raipur, District Raipur C.G. (Insurer) ... Applicant versus 1 - Usha Singh W/o Ashok Kumar Singh Aged About 45 Years R/o Ward No. 6, Near Main Road, Near Nagar Palika, Bacheli, District Dantewada C.G. (Claimant) 2 - Shubham Rajput S/o Prabhakar Rajput Aged About 25 Years R/o Geeta Bhawan Gali, Ward No. 16, Sanjay Market, Jagdalpur, District Bastar C.G. (Owner And Driver) ... Respondents (Cause-title taken from the Case Information System) ----------------------------------------------------------------------------------------------- For Applicant :- Mr. P.R. Patankar, Advocate For Respondents:- None. ----------------------------------------------------------------------------------------------- SB- Hon'ble Shri Justice Amitendra Kishore Prasad Order On Board 08.12.2025 1. I.A. No.02, application for condonation of delay in filing the appeal is allowed and the delay is hereby condoned. VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 2. The present revision petition has been filed being aggrieved by the award dated 24.07.2025 passed by the learned Second Additional Motor Accident Claims Tribunal, Bastar, Place Jagdalpur (C.G.) in Claim Case No. 304/2021. 3. Briefly stated, the case of the claimant is that on 24.10.2020, when Usha Singh was travelling with her husband on Motorcycle No. CG-18E-7104, a Scorpio vehicle bearing No. CG-17KD-0786, allegedly driven rashly and negligently by Shubham Rajput, dashed their motorcycle at Tekanar Tiraha, causing the claimant to sustain grievous injuries and resulting in alleged permanent disability. A report of the accident was lodged at P.S. Dantewada, where Crime No.108/2020 was registered under Sections 279, 337 and 338 IPC against the Scorpio driver. The claimant, asserting an income of Rs. 15,000 per month, filed a claim petition seeking compensation for injuries, pain and suffering, and medical treatment taken at MMI Narayana Hospital from 30.10.2020 to 02.11.2020. The driver-cum-owner of the Scorpio remained ex parte, whereas the Insurance Company contested the claim on grounds including absence of a valid driving licence, delay of 35 days in lodging the FIR, contributory negligence due to collision of two vehicles, and non-joinder of the motorcycle’s owner and insurer. The Claims Tribunal framed seven issues and, by award dated 24.07.2025, granted compensation of Rs. 99,000 with interest @ 9% per annum, fastening liability on the Insurance Company. 3 4. Learned counsel for the applicant submits that the impugned award dated 24.07.2025 passed by the learned Claims Tribunal suffers from serious legal infirmities and is liable to be set aside. It is submitted that the Tribunal has failed to appreciate the evidence on record in its correct perspective and has proceeded to award compensation in an erroneous manner. The claimant, on whom the burden squarely lay to establish the nature of injuries, extent of disability and the resultant loss of earning capacity, has failed to produce any disability certificate or any cogent documentary or oral evidence establishing permanent or functional disability. Despite this, the Tribunal has arbitrarily assessed loss of income merely on the basis of hospital receipts, without examining any doctor, which is contrary to the settled principle laid down by the Hon’ble Supreme Court in Anoop Maheshwari v. Oriental Insurance Co. Ltd., (2025 INSC 1076), wherein it has been reiterated that only proven functional disability resulting in loss of earning capacity is compensable. It is further submitted that the Tribunal has awarded medical expenses of Rs.40,000/- although the receipts produced by the claimant reflect a much lesser amount, and in the absence of any supplementary medical bills or proof, such enhancement is wholly unsustainable. Likewise, the award of Rs.40,000/- towards physical and mental suffering and Rs.10,000/- towards transportation charges is excessive and unsupported by evidence. The Tribunal, without adhering to the statutory framework and settled judicial precedents, has 4 mechanically fastened liability upon the appellant-Insurance Company. Therefore, it is humbly submitted that the impugned award being perverse, illegal and contrary to the settled principles of law deserves to be set aside. 5. None appears for the respondent. 6. I have heard learned counsel for the applicant and perused the material available on record. 7. From a careful perusal of the record and an assessment of the quantum of compensation awarded by the learned Tribunal, it is evident that the findings and conclusions reached are fair and in accordance with the evidence on record. The revision petition lacks merit and is, therefore, hereby dismissed. 8. It is further clarified that this dismissal shall not affect any other connected cases arising out of the same accident, which shall continue to be adjudicated independently. sd/- (Amitendra Kishore Prasad) Judge Vishakha