1 CGHC010298342019 2026:CGHC:29703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1679 of 2019 1 - General Manager Iffko Tokiyo General Insurance Company Pvt Ltd Dimrapur Chowk, Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ... Appellant(s) versus 1 - Sunny Singh Rajput S/o Bacchan Singh Rajput Aged About 25 Years Ward No 43 By-Pass Saraibhadra Chatamuda Raigarh Chhattisgarh (Claimant), District : Raigarh, Chhattisgarh 2 - Mukund Yadav S/o Daduram Yadav Aged About 40 Years Arsiya Thana Jaijpur District Janjgir Champa Chhattisgarh (Driver Of Vehicle Rajdhani Bus Cg 10 G 0923), District : Janjgir-Champa, Chhattisgarh 3 - Smt. Sunita Singh W/o Mahendra Singh Aged About 38 Years R/o Barpali Chowk Champa Tahsil Champa District Janjgir Champa Chhattisgarh (Owner Of Vehicle Rajdhani Bus Cg 10 G 0923), District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Appellant(s) : Ms. Shrejal Gupta on behalf of Mr. Vaibhav Shukla, Advocate For Respondent(s) : None though served As Amicus Curiae : Mr. Akash Shrivastava, Advocate 2 Honb’le Shri Justice Sanjay K. Agrawal Judgment on Board 14/07/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant – Insurance Company against the impugned award dated 27/06/2019 passed by learned 1st Additional Motor Accident Claims Tribunal, Raigarh whereby compensation of Rs. 5,92,000/- along with 9% interest has been granted in favour of respondent No. 1/claimant for the injuries suffered by him and the liability of payment of compensation to the extent of 50% has been fastened upon the appellant (Insurance Company). 2. Learned counsel for the appellant (Insurance Company) would submit that since respondent No. 1/claimant was driver-cum- owner of the vehicle and not third party, therefore, Insurance Company would not be liable to pay compensation to respondent No. 1/claimant. 3. None appeared on behalf of the respondents though served. 4. Learned Amicus Curiae would submit that the insurance policy (Ex. D/1) is a comprehensive policy in which premium of Rs. 100/- was paid towards Personal Accident cover for Owner Driver and as per the terms and conditions of the said policy (Ex. D/2), in case of death, liability of payment of compensation would be 100%; in case of loss of two limbs or sight of two eyes or one limb and sight of one eye, liability of payment fo compensation would be 100%; in case of loss of one limb or sight of one eye, liability of 3 payment of compensation would be 50% and in case of permanent total disablement from injuries other than named above, the liability of payment of compensation would be 100%, therefore, since respondent No. 1/claimant has suffered permanent disability and lost sight of one eye upto 25%, the Claims Tribunal has rightly fastened the liability of payment of compensation upon the appellant (Insurance Company). 5. I have heard learned counsel for the parties, considered their submissions made herein-above and went through the records with utmost circumspection. 6. Having heard learned counsel for the parties and having gone through the record particularly considering the insurance policy (Ex. D/1) as well as the terms and conditions of the policy (Ex. D/2), I am of the considered opinion that the Claims Tribunal has rightly fastened the liability of payment of compensation in favour of the appellant/Insurance Company. I do not find any merit in this appeal. 7. Accordingly, this appeal is dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Harneet