1 CGHC010096682019 2026:CGHC:34486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 613 of 2019 Devendra Kumar S/o Shri Chaitram Sinha, R/o Village Saigona, Tahsil Thankhamahariya, Police Station Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ... Appellant Versus 1 - Anita Sinha Wd/o Late Sahdev Sinha Aged About 24 Years R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara,chhattisgarh., District : Bemetara, Chhattisgarh 2 - Pushpendra Sinha S/o Late Sahdev Sinha, Aged About 5 Years Through Natural Guardian - Mother Smt. Anita Sinha, Wd/o Late Sahdev Sinha, R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Ku. Lata D/o Late Sahdev Sinha Aged About 2 Years Through Natural Guardian Mother Smt. Anita Sinha, Wd/o Late Sahdev Sinha, R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 4 - Bhakluram Sinha S/o Shri Pusau Sinha (Father) Aged About 60 Years R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 5 - Pyari Bai Sinha W/o Shri Bhakluram Sinha Aged About 55 Years (Mother), R/o Village Saigona, Tahsil Thajkhamariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 6 - Smt. Laxmi Bai Wd/ Late Mohitram Sinha (Wd Sister) Aged About 23 Years R/o Village Karamal, Tahsil And District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 7 - Rituraj S/o Late Mohit Sinha Aged About 5 Years Through Natural Gaurdian Mother Smt. Laxmi Bai, Wd/o Mohit Sinha, R/o Village Karamal, Tahsil And District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 8 - Ku. Chanda Sinha S/o Bhakaluram Sinha Aged About 19 Years (Sister), R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 9 - Devbati Sinha D/o Shri Bhakluram Sinha (Sister) R/o Village Saigona, Tahsil Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 10 - Dinesh Kumar Verma S/o Shri Chandulal Verma Aged About 37 Years R/o Village Saigona, Tahsil Thankhamahariya, Police Station Thankhamahariya, District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Utkarsh Patel, Advocate on behalf of Mr. PK Patel, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 06.08.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant (Owner of the offending vehicle) challenging the impugned award dated 17.12.2018, whereby learned Claims Tribunal awarded a sum of Rs.6,21,500/- to the claimants and liability to pay compensation has been fastened upon the appellant. 2. Learned counsel for the appellant would submit that the deceased was himself negligent at the time of accident, as he was driving the vehicle under intoxication and due to his rash and negligent driving the accident in question occurred and, therefore, the appellant is not liable to pay the compensation to the claimants. Thus, the present appeal be allowed. 3. On the other hand, learned counsel for the respondents supported the impugned award and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties considered their 3 submission and perused the record. 5. In the case at hand, though the owner of the vehicle (appellant herein) took plea that since the deceased was driving the vehicle under intoxication and due to his own rash and negligent driving the accident in question took place, but no evidence has been led to establish the said fact and, therefore, the learned Claims tribunal proceeded to fastened the liability to pay compensation to the claimants upon the appellant, which finding, in the considered opinion of this Court is correct finding of fact based on evidence and same is neither perverse nor contrary to the record. I do not find any merit in this appeal. It deserve to be and is hereby dismissed. sd/- (Sanjay K. Agrawal) Judge s@if