Nafr High Court
Case Details
1 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.05.09 17:24:18 +0530 2025:CGHC:21017 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 615 of 2019 1. Murlidhar Diwan S/o Sh. Atibal Das Diwan, Aged About 19 Years, R/o Dipupara, Tarbahar, Thana- Tarbahar, Tahsil And District- Bilaspur, Chhattisgarh (injured). versus ... Appellant 1. Surender Chouhan S/o Sh. Jagdish Chouhan, Aged About 26 Years, R/o Hardiya, Thana- Sitapur, Tahsil And District- Mongara, Thana- Banki Mongara, Tahsil And District- Korba, Chhattisgarh (Driver).
Legal Reasoning
2. Smt. Sharda Devi W/o Manohar, R/o Samta Colony Raipur, Tahsil And District- Raipur, Chhattisgarh. Presently R/o Near House Of Chaudhari Advocate Main Road, Petrol Pump Banki Mongara, Thana- Banki Mongara, Tahsil And District- Korba, Chhattisgarh (Registered Owner). 3. The National Insurance Company Limited Through Divisional Manager, Divisional Office, Taha Complex Vyapar Vihar Road, Bilaspur, Tahsil And Distrcit- Bilaspur, Chhattisgarh. ... Respondents For Appellant/Claimant : Mr. A.L. Singroul, Advocate. For Respondent No. 3 : Mr. G.V. Kutumba Rao, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.
Decision
Order on Board 07 / 05 / 2025 2 1. This appeal arises out of the impugned award dated 13.02.2017 passed by IXth Motor Accident Claims Tribunal, Bilaspur (C.G.) in M.A.C.T. No. 808/2014 awarding compensation of Rs.4,72,000/- with interest @ 7.5% per annum, in favour of the appellant/claimant. 2. The claim of appellant/claimant before the Tribunal, in brief, was that on 14.12.2013 at about 5.30 pm, the appellant namely Murlidhar Diwan was going back to his mobile shop from Bilaspur after purchasing articles for his mobile shop by his motorcycle and when he reached near New Bus Stand Pali and was in a process to park his motorcycle in front of grocery shop to purchase some articles, the respondent No. 1/driver drove the offending vehicle i.e., Trailer bearing registration No. CG-04-JA- 9579 in a rash and negligent manner and directly hit against the appellant who was on foot-path. As a result of which, the appellant sustained grievous injuries over his body. Thereafter, he was taken to CHC Pali Hospital for treatment and after that he was referred to Ladikar Hospital Bilaspur. Upon report being made in this regard, crime was registered against respondent no.1 (Driver of the offending vehicle). 3. It was claimed that at the time of accident, the appellant/injured was aged about 21 years and he used to run a mobile shop and was earning Rs.15,000/- per month from his work. Due to the said accident, the appellant sustained grievous injuries over his body and suffered a lot of mental and physical agony. Therefore, the claimant/injured preferred an application before the Claims Tribunal claiming total compensation of Rs.11,50,000/- for loss in income, physical and mental agony, medical expenses and also under other heads. 4. Learned Tribunal, after considering the evidence and documents brought on record, determined the age of the claimant/injured as 21 years and by considering the exhibited medical bills of various Hospitals, Rs.4,62,000/- has been awarded as compensation to the appellant/injured towards medical expenses. Since the claimant suffered physical and mental agony, therefore, 3 Rs.10,000/- has been awarded in favour of the appellant/injured. Thus, the total compensation of Rs 4,72,000/- has been awarded in favour of the appellant/injured with interest @ 7.5% per anum, from the date of application till its realization. Hence, this appeal for enhancement. 5. Learned counsel appearing for appellant/claimant submits that the Claims Tribunal has failed to consider the nature of injuries suffered by the appellant and awarded a total compensation of Rs.4,72,000/- which is a very small amount and needs to be enhanced. He next submits that the learned Tribunal has not awarded any compensation under other heads including nutritious food, traveling, attendant and loss of income during treatment. Thus, prayed for modification of the impugned award by enhancing the compensation suitably. 6. On the other hand, learned counsel appearing for the Respondent No.3/Insurance Company opposes the submission made by the counsel for appellant and submits that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 7. Heard learned counsel for the parties and perused the record. 8. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. It is an injury case and as per paragraph 23 of the award impugned, it is clear that there was a fracture of RT. Metatarsals (foot) in leg of the injured and right Brachial Plexus Global Palsy due to the accident. Dr. Prakash Ladiker (AW-2) has also admitted the above fact in his statement and deposed that the appellant/injured has been hospitalized from 14.12.2013 to 28.12.2013 i..e, 14 days during treatment. 4 11. In that view of the matter, Rs.10,000/- is awarded towards nutritious food, Rs.10,000/- towards traveling and attendant and Rs.10,000/- towards loss of income during treatment by this Court which has not been awarded by the Claims Tribunal. The compensation amount of Rs.4,62,000/- towards medical expenses and Rs.10,000/- towards physical and mental suffering awarded by the tribunal are found to be proper. Accordingly, the appellant/claimant would become entitled for total compensation of Rs.5,02,000/- . 12. Thus, the total compensation is recomputed as Rs.5,02,000/- from which after deduction of Rs.4,72,000/- as awarded by the Tribunal, the enhanced compensation would be Rs.30,000/-. 13. In the result, the appeal is partly allowed. The appellant/claimant shall be entitled for the enhanced compensation of Rs. 30,000/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. The Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. The said communication be made in Hindi (Deonagri) language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.