1 2026:CGHC:19822 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 41 of 2020 Musahid Raza, S/o. Naki Alam, Aged About 21 Years, R/o. Ward No. 12, Near Raza Masjid, Opposite Asisi Sadan, Noore Raza Manjil Mahasamund, Tahsil Mahasamund, District Mahasamund, Chhattisgarh. (Vehicle Motorcycle Splender Plus No. CG-06-G.E./7537 - Driver And Owner). ... Appellant versus 1 - Mohammad Masud, S/o. Late Sadruddin, Aged About 48 Years, R/o. Ward No. 13 Near Raza Masjid, Mahasamund, District Mahasamund, Chhattisgarh. 2 - Smt. Sanjida Begam, W/o. Mohammad Masud, Aged About 40 Years, R/o. Ward No. 13 Near Raza Masjid, Mahasamund, District Mahasamund, Chhattisgarh. Claimants ... Respondents For Appellant : Mr. Leekesh Kumar, Advocate on behalf of Mrs. Renu Kochar, Advocate For Respondents : Mr. J.A.Lohani, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.04.29 16:10:29 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29.04.2026 1. The appellant (driver/owner) of the offending vehicle has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 01.03.2019 passed by the learned Motor Accident Claims Tribunal, Mahasamund in Claim Case No.H- 118/2017. 2. Mr. Leekesh Kumar, learned counsel appearing for the appellant, would submit that the deceased himself was negligent, as he was disturbing the driver of the vehicle and therefore the accident occurred. The appellant was not negligent in driving the offending vehicle and, as such, the appeal deserves to be allowed. 3. Mr. J.A.Lohani, learned counsel for the respondents, would support the impugned award and submit that the appeal preferred by the appellant (driver & owner) is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 3 5. The learned Claims Tribunal, after having heard learned counsel for the parties, considering the evidence of Mohammad Masud (AW-1), Goutam Chandrakar (AW-2) and present appellant Musahid and further considering the fact that against the appellant, offence under Section 304-A of I.P.C. was registered and he was charge-sheeted for the offence under Section 304-A of I.P.C. & Section 146/180 of the Motor Vehicles Act vide Ex.P-1 and furthermore the deceased was sitting in the middle of the motorcycle, came to the conclusion that the appellant was negligent in driving the offending vehicle in a rash and negligent manner, on account of which, the accident occurred, which is a correct finding of fact based on evidence available on record, it is neither perverse nor contrary to the record. Accordingly, the appeal deserves to be and hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge Ashok