CLAJMAN" Komat Sahu S/o Yashv/ant Sahu, aged about 19 years, R/o Viilage Hathband, P.0. Tandavi/a, Pofice Sfafion . Neora, Tahsil Tiida, District Raiour (C.Q.) (Oriver'of vehffile Motor Cyci? bearms regfstration No.C.S. 04)CE/3987) 2. Yashwant Sahu, S/b Sahu, aged about 38 years, R/o Viilaae Hathband, P.0. Tandav/a, k^*L- >iC!i^ T.she-il Ti , i ial iSil District Rsjpur (C.G.) (Regis'Eersd cwner o'f ve^cie ^&tcr Gycle bearhg registfatiQn No. C.<S. 04j-CEfT39S7) Jageshwar Prasad Sahu. S/b Sewakram Sahu, aged about 32 years. R/o Viiiage Rukera, P-0. KAanhora, Poiice Station Dharshr/a, Tahsii & District Raipur (C.G.) .(SJngle Bench: Hon'ble Mr. N.K. Aaarwal. J. Preseni : Shri s. Pandya, counse! for the appeUants. ISt The instant appeaf is ds'rected by the owner and driver gf the vehicle against the award dated 07-05-2008 passed in Claim Case No.77/2007 by Third Additionai Motor Accident Ciaims Tribunal, Raipur (for short 'the Trjbunal') wsereby and whereunder an amount of Rs.49,661/- has been awarded after adjustment of Rs.18,000/- paid by the appellants to the ctaimant atong with interest @ 6% per annum from the date of application ti!i itsrecovery. 2. Facts briefly stated are as under: On 02-01-2006 when the claimant was sitting as pillion rider on motorcycle along with Sanjay Kumar Sharma and was ping towards Neora (Tilda). near vil!age Jeeta v/as dashed by driver of TVS motorcycie bearing registration No. C.G. 04/CE/3987 as a result of which the ciaimant sustained multipie injuries in the sald accident. 3. The claimant by fjling an application under Section 1 63-A of the Motor Vehicles Acf (for shprt 'the Act'} cSaimed Rs.8,20,000/- as compensation agalnst the appeilants. 4. Learned Tribuna! on a close scrutiny of the evidence led, materia! pfaced and submissions made held that ffie said accident occurred due to rash and negligenf driving of the driver i.e. appellant No.1, as the appeilants have aiready paid Rs.18,000/- to the claimant towards treatment expenses, after its adjustment, awarded the aforementioned sum as compensation along with interest @ 6% per annum from the date of apptication tiii its recovery. 5. Learned counsei for the appeliants wou learned Tribuna! has erred in holding payment of compensation and the award aside. itd contend that the lants liable for deserves to be set 6. I have heard learned counse! for the appellant and perused the award impugned. 7. The tearned Tribunal on appreciation of the pieadings of fhe parties and the evidence led, oral as weil as documentary has held that the accident occurred due to rash and negligent drivjR^ of TVS motorcycle bearing registratjon No. C.G. 04/CE/3987 by appeKant No.1 and awarded compensation against the appeflants. • As per F.1.R. (P-1), Charge-sheet and the evidence of claimant, the aforesaid offending vehicle was involved in the accident and the said accident occurred due to rash and negtigent driving ofthe said offending vehicle by appellant No.1. SNI ^B ..as^s, sy ^SS'KS^ '%. f$? ^i '^ 8 ti •as^ssa. £a%, s $ Kvr It is aiso not in dispute that the appellants have paid Rs.18,000/- towards claimant's treatment ror the inluries sustained by him in the said accident. The plea of perforce payment of ssid amount is without any basis. Neither the appeltants have complained regarding such alleged illegai aet of the ciaimant to poltee authorifies nor sent sny notice to the cfaimant nor the said fact was brought to the notice of any other person. They simply paid sorne ambunt for the treatment of the injuries sustained by the ciaimant in the said accident and thereafter, kept mum. 9. In vjevi/ of abo'/e, considering over afl msterial placed on record, in the considered opfnion of this Court, learned Tribunal has not committed any errorwarranting interference of this Court in the instant appeai. 10.. The appeal bejng devoid of substance is liabie to be and is hereby dlsmissed. -—§d/- N.K-Agarwal Judge