Suresh Kumar S/o Sukhan Ram @ Sukhau Ram Aged About 20 Years Occupation v. 1 - Vikas Kumar Jaiswal S/o Amarnath Jaiswal, R/o Village - Kalyanpur, Police Station
Case Details
-1- 2025:CGHC:34544 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 823 of 2019 Suresh Kumar S/o Sukhan Ram @ Sukhau Ram Aged About 20 Years Occupation - Student, R/o Village Birimkela, Police Station And Tahsil Batauli, District Surguja Chhattisgarh. ... Appellant (s) versus 1 - Vikas Kumar Jaiswal S/o Amarnath Jaiswal, R/o Village - Kalyanpur, Police Station And Tahsil Ambikapur, District Surguja Chhattisgarh. (Owner Of The Vehicle) 2 - Sirajuddin @ Serajuddin Khan S/o Aminuddin Khan Aged About 35 Years R/o Village Raikera, Ghaghipara, Police Station And Tahsil Sitapur, District Surguja Chhattisgarh. (Driver Of The Vehicle) 3 - Branch Manager The Oriental Insurance Co. Ltd. Branch Office At Manendragarh Road, Near Ambedkar Chowk, Ambikapur, District Surguja Chhattisgarh. (Insurer Of The Vehicle) ... Respondent(s) ________________________________________________________ For Appellant (s)
Legal Reasoning
: Mr. Anurag Agrawal, Advocate on behalf of Mr. Abhijeet Mishra, Advocate For Resp. No. 3 : Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N. Pusty, Advocate _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Judgment On Board 21/07/2025 Heard. Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.08.05 10:17:21 +0530 -2- 1. 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 compensation awarded by learned Additional Motor Accidents Claims Tribunal (FTC) Ambikapur, District- Sarguja (CG) vide award dated 6 th February 2019 passed in Claim Case No.109 of 2017. 2. Date of accident and injury suffered by appellant/claimant, as also liability to satisfy the amount of compensation awarded by learned Claims Tribunal is not in dispute and therefore this Court is not discussing the facts of case in detail. 3. Learned counsel for the appellant/claimant would submit that learned Claims Tribunal erred in awarding meager sum of compensation. He contended that appellant suffered grievous head injury, compound fracture of femur L/3rd shaft right severe soft tissue injury, fracture 2nd MT right foot, traumatic amputation D.P. ring finger right hand. He contended that no compensation is awarded towards loss of ring finger by amputation and grievous injury suffered by him. Amount of compensation awarded under other heads also is much less than what the claimant/appellant is entitled for in the facts of case. 4. Learned counsel for respondent No.3/Insurance company opposes submission of learned counsel for the appellant/claimant and would submit that amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. He contended that claimant has not submitted any disability certificate to support the contention that compensation against amputation of ring finger of right hand is not awarded. 5. I have heard learned counsel for the parties and also perused the -3- record of claim case. 6. Perusal of the record of claim case would show that claimant has filed document of treatment with Narayana Hospital, Raipur which is marked as Ex.P-6 to Ex.P-34 which are detailed invoices/cash memo of pharmacy and also provisional detailed bill. In record un-exhibited documents are available including discharge summary issued by the Department of Orthopedics as also the x-ray report are available. 7. Perusal of discharge summary which is available in record along with un-exhibited documents would show that claimant suffered following injuries over his person in the accident occurred on 15.01.2017: “Head injury diffuse cerebral oedema compound fracture femur L/3rd shaft right severe soft tissue injury fracture 2nd MT right foot traumatic amputation D.P. ring finger right hand. “ 8. Appellant was admitted in Narayana Hospital, Raipur on 19.01.2017 and discharged on 09.02.2017. 9. From perusal of injuries as mentioned in discharge summary, upon principal diagnosis, would show that claimants suffered serious injuries over his person including traumatic amputation of DP ring finger right hand. 10.Learned Claims Tribunal has not awarded any amount of compensation against amputation of ring finger of right hand and other grievous injury suffered by the claimant. 11. Clamant who was a student on the date of accident may suffer loss due to amputation of his ring finger in his career and will also face -4- difficulties in discharging his work. He may have become ineligible for some of the government job like Army, Air Force, Navy etc. 12. For the foregoing discussions, I find it appropriate to award Rs.25,000/- towards amputation of DP ring finger right hand. 13. Learned Claims Tribunal has not awarded any amount of compensation towards grievous injury suffered by claimant details of which is mentioned preceding paragraph. 14. In the aforementioned facts of case considering the head injury as also fracture of femur and 2nd MT, I find it appropriate to award Rs.25,000/- towards grievous injury suffered by claimant. It is ordered accordingly. 15. Learned Claims Tribunal has not awarded any amount of compensation towards attendant. Looking to the nature of injury suffered, period of admission in hospital i.e. about 22 days and thereafter attendant/assistant to be required for some time, even after discharge from hospital, I find it appropriate to award compensation under head of attendant for a period of 2 months. As date of accident is 15.01.2017 and considering the minimum wages fixed for the labourer by the competent authority under the Minimum Wages Act, 1948 of Rs.8000/- per month, I find it appropriate to award Rs.16,000/- (8000 x 2) towards attendant. 16. Amount of compensation under pains and suffering is also enhanced to Rs.15,000/-, special diet is enhanced to Rs.8,000/-. Applicant is resident of Tahsil- Batauli, District- Sarguja. He took treatment in Narayana Hospital , Raipur therefore I find it appropriate to enhance the compensation under head of conveyance from Rs.5,000/- to -5- Rs.10,000/-. It is ordered accordingly. 17. Claimant will be entitled for the amount of compensation under head ‘medical expenses’ of Rs.44,860/- and Rs.5,000/- towards loss of education as awarded by learned Claims Tribunal is affirmed. 18. For the foregoing discussions, I find it appropriate to re-compute the amount of compensation as under:- S. N. Heads 1. Medical Expenses 2. Loss due to amputation of DP ring finger right hand 3. Grievous Injury 4. Attendant (8000 x 2 =16000) 5. Pains and Suffering 6 Conveyance/Transportation 7. Special Diet 8. Loss of education Compensation (+) Rs. 44,860 (+) Rs. 25,000 (+) Rs. 25,000 (+) Rs. 16,000 (+) Rs. 15,000 (+) Rs. 10,000 (+) Rs. 8,000 (+) Rs. 5 000 : : : : : : : : Total compensation : Rs. 1,48,860 19. Now the appellant/claimant is awarded total compensation of Rs.1,48,860/- instead of Rs.65,360/- as awarded by the Claims Tribunal. 20. Enhanced amount of compensation 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 -6- calculated and awarded by this Court. Rest of conditions of impugned award shall remain intact.f 2 21. Appeal is accordingly allowed in part and the impugned award stands modified to the extent indicated above. Sd/- Sd/- (Parth Prateem Sahu) Judge Praveen