1 CGHC010195922020 2026:CGHC:31853 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1031 of 2020 National Insurance Company Limited Through Divisional Manager , Division Office Supela Bhilai , District Durg Chhattisgarh . Insurance Company Of Truck No. Cg04 J 4377., District : Durg, Chhattisgarh ... Appellant Versus 1 - Bankim Ghose S/o Late Vipad Ghose Aged About 30 Years R/o Borgaon , Thana Farasgaon, District Kondagaon Chhattisgarh., District : Kondagaon, Chhattisgarh 2 - Tukeshwar S/o Ramji Chakradhari Aged About 28 Years R/o Samouda, Thana Arang, District Raipur Chhattisgarh. (Driver Of Truck No. Cg 04 J 4377), District : Raipur, Chhattisgarh 3 - Smt. Sumandeep Kaur D/o Manjeet Singh R/o House No. 12, Deopuri , Raipur , District Raipur Chhattisgarh. (Owner Of Truck No. Cg 04 J 4377), District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Sanjay Patel, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 27.07.2026 1. Heard. 2. This appeal has been filed by the appellant/Insurance Company under Section 173 of the Motor Vehicle Act, 1988 challenging award dated 04.02.2020, whereby learned Claims Tribunal has awarded a total sum of Rs.21,09,073/- alongwith 9% interest PA as compensation to the claimant/respondent No.01 herein and the liability to pay the said SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 compensation has been imposed upon the Insurance Company. 3. Learned counsel for the Insurance Company would make sole submission that the claimant was also negligent in driving the vehicle and, therefore, its a case of contributory negligence and 50% amount ought to have been deducted for the same from the amount of compensation. As such, the impugned award to that extent is liable to be modified. 4. In that case at hand, a careful perusal of the record would show that though the Insurance Company took the plea that the claimant was also negligent in driving the vehicle at the time of accident in question and it is a case of contributory negligence, but no evidence has been led in this behalf and, therefore, the Claims Tribunal has rightly held that the appellant-Insurance Company is only responsible for paying the amount of compensation and awarded Rs.21,09,073/- alongwith 9% interest PA as compensation to the claimant. I do not find any good ground to entertain this appeal and interfere in the findings recorded by the Claims Tribunal, which are based on evidence available on record. 5. Accordingly, this appeal is dismissed being meritless. sd/- (Sanjay K. Agrawal) Judge s@if