Nafr High Court
Case Details
1 2025:CGHC:17623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 598 of 2019 1 - Chandrakishore Sahu S/o Late Kalyan Singh Aged About 58 Years R/o Bodal, Tahsil Gunderdehi, Police Station Ranchirai, District - Balod Chhattisgarh. ---(Claimant). versus ... Appellant 1 - Tejkumar Sahu S/o Prakashchand Sahu Aged About 30 Years R/o Ward No. 01, Bajrangpur, Navagaon, District - Rajnandgaon Chhattisgarh. ---(Driver Of Maruti Swift CG-08- 1349). 2 - Durgesh Shukla S/o K.K. Shukla Aged About 41 Years R/o Ward No. 19, Hari Om Nagar, Police Station Basantpur, District - Rajnandgaon Chhattisgarh. ---(Owner Of Maruti Swift CG-08- 1349). 3 - Branch Manager The Oriental Insurance Company Limited, Branch Office - Beside LIC Office, Near Railway Station, Rajnangaon, District - Rajnandgaon Chhattisgarh. ---(Insurer). ... Respondents For Appellant/Claimant
Legal Reasoning
: Ms. Sweksha Sharma, Adv. on behalf of Ms. Aditi Singhvi, Adv. For Respondents No.1& 2 : None. For Respondent No. 3 : Mr. A.V. Deshmukh, Adv. appeared through Video Conferencing. Hon'ble Shri Justice Sanjay Kumar Jaiswal
Decision
Order on Board Digitally signed by HEERA LAL SAHU Date: 2025.04.21 10:28:37 +0530 2 (17.04.2025) 1. This appeal arises out of the award dated 16.01.2019 passed by learned 1st Additional Motor Accident Claims Tribunal, Balod (C.G.), in Claim Case No. 16/2018, whereby a compensation of Rs. 5,26,410/- with interest @ 10% per annum has been awarded in favour of the claimant/appellant. 2. The averment in the claim petition was that on 29.09.2017, the appellant/claimant was going on his motorcycle bearing registration No. CG-07-LT-1329 to his place of work, Bhatagaon, from his house at Bodal, at that time, near the Borgahan Chowk, the driver of the offending vehicle, i.e. swift car bearing registration No. CG-08-1349, driving the vehicle in a rash and negligent manner, dashed into the motorcycle of the appellant, due to which he suffered grievous injuries on his left leg. He was escorted to the Government. Hospital, Dhamtari, from where he was referred to V.I. Hospital, Raipur, where the appellant was admitted from 29.09.2017 to 16.11.2017, and his left leg was amputated. The matter was reported to the police, and a case was registered against the driver of the offending vehicle. It was stated in the claim application that the appellant was 57 years old and was working in the irrigation department as a pump operator, from which he was withdrawing a salary of Rs. 25,000/- per month and was maintaining his family. Hence, the appellant/claimant filed a claim application claiming a total compensation of Rs. 60,70,000/- 3. When the claim application for compensation was filed by the claimant/appellant before the claims tribunal against the driver, owner and insurance company of the alleged vehicle, after going through the documents available on 3 record, the Tribunal found that the left leg of appellant Chandrakishore Sahu got amputated due the injuries sustained in the said accident and he suffered permanent disability to the extent of 60% in his left leg, but his income has not been effect due to the said disability; considering the pay slip of appellant for the month of 3/2018 Ex.P-131, held that the appellant was getting a salary of Rs.25,098/- per month; the appellant was admitted in the hospital for about 3 months as his left leg was amputated and thereafter, he got rest for about 2 months from his work, therefore, the appellant is entitled to get Rs. 1,25,000/- for loss of income for 5 months; considering the medical bills vide Ex.P-9 to Ex.P-30, held that the appellant is entitled to get Rs. 1,11,710/- for medical expenses; due to the grievous injuries, the appellant hired a worker for his duty and was paying him Rs.200/- per day. Hence, considering the above facts, the tribunal has awarded a total compensation of Rs. 5,26,410/- in the following manner:- Sl No. Heads Compensation 01 02 03 04 05 Medicine and treatment expenses Rs. 1,11,710/- Special diet, transportation expenses Rs. 59,700/- and attendant Expenses for hiring a worker Physical and Mental agony Rs. 30,000/- Rs. 50,000/- Discomfort in future and future Rs. 1,50,000/- expenses in treatment and for installation of artificial leg 06 Loss of income for 5 months Total Rs. 1,25,000/- Rs. 5,26,410/- 4. Learned counsel for the appellant/claimant submits that the compensation awarded by the Tribunal on some heads is on the lower side, which needs to be enhanced. He further submits that the claimant/appellant was admitted 4 in the hospital for about 3 months and his left leg got amputated, he had physical and mental pain for a long time, therefore, the awarded amount on this head may be enhanced to Rs. 1,00,000/-. Further, the appellant is entitled to get compensation of Rs. 50,000-50,000 towards loss of amenities of life and loss of expectation of life. The appellant is also entitled to get suitable compensation for future prospects and litigation expenses. Thus, the appeal is liable to be allowed and needs to be enhanced suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 6. Heard counsel for the parties and perused the documents on record. 7. 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. 8. 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. 9. Looking to the overall material available on record, particularly looking to the statement of Dr. R.R. Mandle (AW-3), a member of the Medical Board, it is found proved that the left leg of the appellant got amputated, due to which he suffered permanent disability to the extent of 60% on his leg. Further, looking to the material available on record, it is also clear that there is no evidence to show that there is a loss of income due to the said injury, therefore, 5 there is no need to calculate the loss of income, and the same shall be considered as physical and mental suffering. Furthermore, the claimant is a government servant therefore, he has no loss of income, hence his permanent disability cannot be considered in loss of income as has rightly been held by the claims Tribunal. Thus, in my considered opinion, it is appropriate to enhance the compensation on some heads in the following manner:- Sl. No. Heads Compensation Compensation by Claims by this Court Tribunal 01 Medicine and treatment Rs. 1,11,710/- Rs. 1,11,710/- expenses 02 Special diet, Rs. 59,700/- Rs. 59,700/- transportation expenses and attendant 03 Expenses for hiring a Rs. 30,000/- Rs. 30,000/- worker 04 Physical and Mental Rs. 50,000/- Rs. 1,00,000/- agony 05 Discomfort in future and Rs. 1,50,000/- Rs. 1,50,000/- future expenses in treatment and for installation of artificial leg 06 Loss of income for 5 Rs. 1,25,000/- Rs. 1,25,000/- months 07 Loss of Amenities of Life Nill 08 Loss of expectation of life Nill Rs. 50,000/- Rs. 50,000/- Total Rs. 5,26,410/- Rs. 6,76,410/- 10. In the result, the appeal is partly allowed. The claimant/appellant shall be entitled to get a compensation of Rs. 1,50,000/- (6,76,410-5,26,410) in addition to what has already been awarded by the claims Tribunal. The 6 enhanced amount shall carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and the rest of the conditions shall remain intact. 11. The Registry is further directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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 claimants resides. H. L. Sahu Sd/- (Sanjay Kumar Jaiswal) Judge