Page No.1 of 3 IN MAC-453-2022 2025:CGHC:34984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 453 of 2022 [Arising out of award dated 18.01.2022, passed in Claim Case No.107 of 2019 (Mahendra Kumar Shinde v. Charan @ Charanu Patel] by the Addl. Motor Accidental Claim Tribunal, Kabirdhan (Kawardha) (CG)] Charan @ Charanu Patel S/o Itwari Patel Aged About 45 Years R/o Village Khairbana Kala, P.S. And Tahsil Kaardha, District Kabirdham Chhattisgarh. (Owner Of The Offending Vehicle Motorcycle Bearing Registration No. C.G. - 09- H-7686). ... Appellant Versus Mahendra Kumar Shinde S/o Bhagwat Shinde Aged About 35 Years R/o Professor Colony, Infront Of S.P. Office, Kawardha, P.S. Kawardha, Tahsil Kawardha, District Kabirdham Chhattisgarh. ... Respondent/ Claimant [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. C.K. Sahu, Advocate For Respondent : Mr. K.R. Yadav, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 22.07.2025 1. In this appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”), the appellant/Owner of the vehicle is calling in question the legality, validity and correctness of impugned SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-453-2022 award dated 18.01.2022, passed in Claim Case No.107 of 2019 (Mahendra Kumar Shinde v. Charan @ Charanu Patel] by the Addl. Motor Accidental Claim Tribunal, kabirdhan (Kawardha) (CG) (for short the “AMACT”), whereby the claim application filed by the respondent/claimant has been allowed and compensation to the tune of Rs.2,72,388/- has been awarded alongwith interest @ 6% PA from the date of claim till its actual realization, which is payable by the appellant herein, on account of injuries suffered by the respondent/claimant in an accident stated to be occurred on 12.08.2019. 2. Mr. C.R. Sahu, learned counsel for the appellant submits that the learned AMACT is absolutely unjustified in allowing the claim application of the claimant. He vehemently argued that on account of own negligence and carelessness of the respondent/claimant, the accident occurred on the date of occurrence, in which, the respondent/claimant received injuries and, there is no negligence on the part of the appellant herein. Hence, the impugned award is liable to be set aside. 3. On the other hand, Mr. K.R. Yadav, learned counsel appearing for the respondent supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made hereinabove and went through the record with utmost circumspection. 5. In the instant case, the learned AMACT, upon appreciation of Page No.3 of 3 IN MAC-453-2022 pleadings and evidence placed on record by the respective parties, clearly recorded a finding that the respondent/claimant suffered injuries in the accident arising out of rash and negligent driving of the offending vehicle (Motor-cycle) i.e. bearing No.CG-09-H-7686, which was owned and driven by the appellant herein and, therefore, after calculating the amount of compensation, awarded Rs.2,72,388 /- as total compensation with interest @ 6% p.a. from the date of filing of claim application. I do not find any perversity or illegality in the findings recorded by the learned AMACT, as the same is neither perverse nor contrary to the record. Consequently, present appeal is liable to be dismissed. 6. Accordingly, I do not find any merit in this appeal and same is hereby dismissed. No cost. Sd/- (Sanjay K. Agrawal) Judge s@if