Chhedilal Singh S/o Suraj Pal Singh Aged About 48 Years R/o Panik Thana Paince v. 1 - Vishnu Ram S/o Late
Case Details
-1- 2025:CGHC:30876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 763 of 2019 Chhedilal Singh S/o Suraj Pal Singh Aged About 48 Years R/o Panik Thana Paince, District Koushabi Hall Mukam Kududand, Jaya Tent House Bilaspur Tahsil And District Bilaspur Chhattisgarh. (Claimant) ... Appellant (s) versus 1 - Vishnu Ram S/o Late Shri Sidduram Ahirvar Aged About 49 Years R/o Shyam Nagar Lingiyadih Thana Sarkanda District Bilaspur Chhattisgarh. (Owner cum Driver Of The Offending Vehicle Truck No. C.G. 12/C/1728). (Owner cum Driver) 2 - Shri Ram General Insurance Company Limited , Branch Manager, Branch Office 4th Floor Maruti Heights G.E. Road Raipur, Tahsil And District - Raipur Chhattisgarh. (Insurer) ... Respondent(s) __________________________________________________________ For Appellant (s) :
Legal Reasoning
Ms. Shaleeni Jangde, Advocate on behalf of Mr. A. L. Singroul, Advocate For Respondent No. 2 : Mr. Utsav Mahiswar, Advocate _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge 07/07/2025 Judgment On Board 1. With the consent of learned counsel appearing for the parties, the case Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.07.15 10:56:06 +0530 is heard finally. 2. This is claimant’s appeal filed under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement of amount of -2- compensation awarded by learned VII Additional Motor Accidents Claims Tribunal, Bilaspur (CG) vide award dated 05.04.2018 passed in Claim Case No.400 of 2015. 3. Facts relevant for disposal of this appeal are that on 12.02.2015 when Appellant/claimant Chhedilal Singh was loading rice from the rice mill on vehicle no. CG-10-C/9547 on the main road after parking the vehicle on the side of road and was tying a tarpaulin, driver of vehicle truck no. CG-12-C/1728, while reversing it, drove the truck rashly and negligently, dashed claimant from behind and caused an accident, due to which, bone of applicant's right leg got fractured, he suffered serious injuries in the left leg, head, chest and other parts of the body. He was treated at CIMS Hospital and Apollo Hospital, Bilaspur, Chhattisgarh. At the time of accident, the claimant was working as a Helper, from which he was earning monthly income of Rs. 6,000/- per month. The applicant's entire family is dependent on him, but due to serious injuries sustained in the accident, applicant has become incapable of doing any kind of work. The applicant/claimant prayed for total compensation of Rs. 10,30,000/- under different heads. 4. No reply has been filed on behalf of non-applicant No.1, he was proceeded ex-parte in the claim proceedings. 5. Non-applicant No.2/ insurance company by filing its written statement stated that non-applicant No.1 was driving the offending vehicle without any valid and effective driving license, and permit of the vehicle was not effective at the time of the accident, which was in violation of the terms of the insurance policy. Therefore, claim application filed by the applicant/claimant be dismissed. -3- 6. Learned Claims Tribunal, on appreciation of pleadings and evidence brought on record by respective parties, held that on the date of accident, offending vehicle was being driven by non-applicant No.1 rashly and negligently, caused accident, in which claimant Chhedilal Singh suffered grievous injuries. Recording a finding that breach of conditions of the insurance policy was not found proved, learned Claims Tribunal held non-applicants liable to pay the amount of compensation. Assessing income of the appellant/claimant as Rs.6000/- per month, calculated amount of compensation under different heads, awarded total compensation of Rs.1,43,217/ -. 7. Learned counsel for the appellant/claimant submits that learned Claims Tribunal erred in awarding meager sum of compensation overlooking the nature of injury, period of treatment at Apollo Hospital Bilapsur. She submits that claimant was admitted in Apollo Hospital Bilaspur from 13.02.2015 to 21.02.2015, however, learned Claims Tribunal has not awarded any separate amount of compensation under the head of ‘attendant’. She also submits that though compensation with respect to medical bills submitted by claimant has been awarded, however, compensation under other heads has not been satisfactorily awarded, hence, amount of compensation be enhanced suitably. 8. Learned counsel for respondent No.2/Insurance Company opposes the submission of learned counsel for the appellant and would submit that amount of compensation awarded is just and proper in the facts of the case, hence, it does not call for any interference. 9. I have heard learned counsel for the parties and also perused the records of claim case. -4- 10. Undisputedly, the claimant suffered motor accidental injuries on 12.02.2015. After accident he was immediately taken to Apollo Hospital Bilaspur where he was admitted from 13.02.2015 to 21.02.2015 i.e. about 9 days. Award of compensation under head of ‘medical expenses’ of Rs.1,13,217/- is not disputed by learned counsel for the appellant. Learned Claims Tribunal has also awarded Rs.15,000/- towards ‘pains and suffering’, Rs.5,000/- towards ‘special diet’, Rs.4000/- towards ‘conveyance charges’ and Rs.6,000/- towards ‘loss of earning during treatment’ for the period of one month . Looking to medical document available on record, in the opinion of this Court, it appears that learned Claims Tribunal though awarded compensation under head of ‘pains and suffering’, however, the said amount is little less in the facts of case looking to the nature of injury, period of treatment of the claimant/appellant. 11. Considering entirety of the facts and circumstances of the case and medical documents placed on record, I find it appropriate to award Rs.20,000/- towards ‘pains and suffering’ and Rs.10,000/- towards the injury. 12. Award of compensation under other heads do not call for any interference. 13. For the foregoing discussions, now the appellant/claimant is entitled to get total compensation amount of Rs.1,58,217/- Instead of Rs.1,43,217/- as awarded by learned Claims Tribunal: S. N. Heads 1. Medical expenses 2. Pains and suffering Compensation Rs. 1,13,217 (+) Rs. 20,000 : : -5- 3. 4. Special Diet Conveyance 5. For Injury 6. Loss of earning during treatment Total compensation : : : : (+) Rs. 5,000 (+) Rs. 4,000 (+) Rs. 10,000 (+) Rs. 6,000 Rs. 1,58,217 14. Aforementioned total amount of compensation of Rs.1,58,217/- shall carry interest @ 8% per annum from the date of filing of claim application till its realization. Any amount of compensation already paid to the claimants shall be adjustable from the total amount of compensation which has now been calculated and awarded by this Court. Other conditions of impugned award shall remain intact.
Decision
15. In the result, appeal is allowed in part. Impugned award is modified to the extent as indicated herein above. Sd/- (Parth Prateem Sahu) Judge Praveen