Sameer Khairo, S/o Shri Sameem Khairo, Aged About 22 Years, Budhi Nagar, Behind v. 1. Govind Dewangan S/o
Case Details
1 2025:CGHC:14795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 379 of 2018 Sameer Khairo, S/o Shri Sameem Khairo, Aged About 22 Years, Budhi Nagar, Behind Shiv Mandir, Balaghat District Balaghat (M.P.) Presently Resided At Ganpati Nagar, New Changorbhatha, District Raipur, Chhattisgarh ... Appellant/Claimant versus 1. Govind Dewangan S/o Shri Yadoram Dewangan Aged About 32 Years R/o Ward No.7, New Bus Stand, Paatan, District Durg, Chhattisgarh, Another Address- Ward No.4, Babu Bageecha, P.S. Paatan District Durg, Chhattisgarh (Driver Of The Car Wagon R CG 07 M 8974) 2. Yadoram Dewangan S/o Late Dorilal Dewangan R/o Ward No.4, Babu Bageecha, Police Station Paatan District Durg, Chhattisgarh (Registered Owner Of The Car Wagon R CG 07 M 8974). 3. Iffco Tokio General Insurance Company Limited Through The Branch Manager, MM Plaza, Ring Road No.01, Rajendra Nagar, Tahsil And District Raipur, Chhattisgarh (Insurer Of The Car Wagon R CG 07 M 8974) ... Respondents For Appellant For Respondent Nos. 1 & 2 For respondent No.3
Legal Reasoning
: Mr. Dashrath Kushwaha, Advocate : Mr. Yogesh Pandey, Advocate : Mr. Pravesh Sahu, Advocate on behalf of Mr. P.R. Patankar, Advocate. 2 Hon'ble Smt. Justice Rajani Dubey Order On Board 27/03/2025 1. This appeal filed by the claimant/appellant arises out of the award dated 26.10.2017 passed by Additional Motor Accident Claims Tribunal (for short the “Tribunal”) Raipur in Motor Accident Claim Case No.401/2016 whereby in an injury case compensation of Rs.2,61,000/- has been awarded to the claimant/appellant herein. 2. Facts of the case, in brief are that on 23.04.2016 at around 10.45 PM, when the claimant/appellant along with his friend Swapnil Soni was going to Raipur from Amleshwar on his motorcycle bearing registration No.CG-04-DC-5887. When they reached near Amleshwar Mahadev Ghat, the respondent No.1, driver of the offending vehicle Wagon-R bearing registration No.CG-07-M-8794, driving his vehicle in rash and negligent manner, dashed the motorcycle of the claimant near Amleshwar Mahadev Ghat, as a result of which, the claimant/appellant suffered number of injuries on his body including fracture of femur bone of right leg. After the incident, the claimant was treated in K.C. Multi Specialty Hospital, Raipur from 24.04.2016 to 08.05.2016. A claim case was filed by the claimant/appellant claiming 3 compensation to the tune of Rs.20,28,000/- under various heads, inter alia, pleading that he was takign trainign of Plumber in ITI after 12th Pass and earnign Rs.8,000/- per month by plumber work and the claimant is unable to perform his day to day work and there is gross downfall in his income. 3. Pleadings of the claimant has, however, been denied by the respondent/insurance company. 4. The Claims Tribunal by the impugned award has awarded a compensation of Rs.2,61,000/- to the appellant under various head such as medical expenses, loss of income, pain & mental agony, transporting expenses, special diet and attendant. It is this award which has been challenged by the appellant in this appeal. 5. Learned counsel for the appellant submits that the Claims Tribunal has erred in law in awarding very negligible compensation for the injuries sustained by the claimant. The respondents have not produced any evidence and not discarded the evidence put by the appellant, therefore, the entire claim ought to have been decreed. Learned counsel further submits that the learned Claims Tribunal has not awarded proper compensation for the injuries sustained by the appellant, the amount awarded under the head loss fo future income is less and not awarded any sum under the 4 head expenses of treatment. Therefore, the compensation awarded by the Claims Tribunal may be enhanced suitably. 6. On the other hand, learned counsel for respondent Nos. 1 and 2 opposing the impugned award submits that he had paid the premium for renewal of insurance policy on 16.04.2016 to Ganpati Motors, G.E. Road, Bhilai and since the time he purchased the vehicle, he was getting the vehicle insured from Ganpati Motors only and the insurance policy was given to him by Ganpati Motors, the period of which was from 16.04.2016 to 15.04.2017, therefore, the the said insurance policy was valid and effective on the date of incident. Therefore, the insurance company is liable to pay the compensation. 7. Learned counsel for respondent No.3-Insurance Company supported the impugned award of the Claims Tribunal. 8. The learned Claims Tribunal recorded its finding that the accident took place on 23.04.2016, and the insurance policy was valid from 25.04.2016 to 24.04.2017. It is the submission of learned counsel for respondent Nos. 1 and 2 that respondent No.2 had paid the premium for renewal of insurance policy on 16.04.2016 to Ganpati Motors, G.E. Road, Bhilai and since the time he purchased the vehicle, he was getting the vehicle insured from Ganpati Motors only and the insurance policy was given to him by Ganpati 5 Motors, the period of which was from 16.04.2016 to 15.04.2017, but there is no such document on record showing that the Ganpati Motors is authorized agent of Insurance Company. Thus, the finding of the learned Claims Tribunal that on the date of incident, respondent No.2 was not holding valid and effective driving license, is just and proper. This Court does not find any fault in the same. 9. Admittedly, the claimant/appellant has suffered grievous injury on back of his head, sustained fracture in right leg, he was in coma for 10-15 days and remained hospitalized for 18-20 days in K.C. Multi Specialty Hospital, Raipur. The learned Claims Tribunal, while awarding the compensation has rightly assessed Rs.15,000/- for loss of income and Rs.1,88,962/- toward medical expenses but awarded less amount under the conventional heads. Thus, keeping in view all the above things, this Court is of the view that the amount awarded by the Claims Tribunal is on lower side and requires reconsideration. The claimant/appellant is entitled for compensation in the following manner:- Head Amount awarded Amount enhanced For Expenses Medical Rs.1,88,962/- Rs.1,88,962/- For Loss of Future Income Pain and For Suffering Rs. 15,000/- Rs.15,000/- Rs.20,000/- Rs.25,000/- For Transportation Rs.5,000/- Rs.15,000/- For Special Diet For Attendant For Treatment Future 6 Rs.10,000/- Rs.12,000/- Rs.10,000/- Rs.15,000/- Rs.15,000/- Rs.12,000/- Total Rs. 2,60,962/- Rs.2,85,962/- R/o Rs.2,61,000/- R/o Rs. 2,86,000/- 08. On the basis of aforesaid discussion, the claimant/appellant is held entitled for a total compensation of Rs.2,86,000/-. Since, the Claims Tribunal has already awarded Rs.2,61,000/-, after deducting the said amount, the claimant/appellant is entitled for enhanced amount of Rs.25,000/- (2,86,000 – 2,61,000). This additional amount of compensation shall carry interest @ 9% p.a. from the date of filing of claim application till realization. The amount received by the claimant, if any, shall be adjusted in the enhanced sum. 09.
Decision
In the result, the appeal is allowed in part and the award impugned stands modified to the extent indicated above. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE