1 - Ashish Sahu S/o Deharlal Sahu Aged About 24 Years R/o Village v. 1 - Manohar Lal Chandrakar S/o Chunuram Chandrakar Aged About 37 Years R/o Village
Case Details
1 A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2025:CGHC:19438 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 854 of 2019 1 - Ashish Sahu S/o Deharlal Sahu Aged About 24 Years R/o Village - Latabod, Tahsil Gunderdehi, District - Balod Chhattisgarh. Presently Residing At, in front of Anand Kirana Stores, Sundar Nagar, Borsi, Police Station - Pulgaon, District Durg Chhattisgarh. --- Appellant Versus 1 - Manohar Lal Chandrakar S/o Chunuram Chandrakar Aged About 37 Years R/o Village - Machaud, Police Station And Tehsil Gunderdehi, District - Balod Chhattisgarh. (Driver of Bus - CG - 07-MB-5812), 2 - Raipur Bus Service, Address A - 15, Mahesh Colony, Near Old Pulgaon Naka, G.E. Road, Durg Chhattisgarh. (Owner of Bus - CG - 07-MB-5812), District : Durg, Chhattisgarh 3 - The Oriental Insurance Company Limited , through - Divisional Manager, Branch Office - Rajendra Park Chowk, Durg Tehsil and District Durg Chhattisgarh. (Insurance Company ). - -- Respondents MAC No. 856 of 2019 1 - Mordhwaj Sahu S/o Ashok Kumar Sahu Aged About 19 Years R/o Village Purai, Tehsil and District- Durg, Chhattisgarh. --- Appellant versus 1 - Manohar Lal Chandrakar S/o Chunuram Chandrakar Aged About 37 Years R/o Village Machaud, P.S. And Tehsil- Gunderdehi, District- Balod, Chhattisgarh............ (Res. No.1)..........(Driver of Bus-CG-07MB-5812). 2 2 - Raipur Bus Service Address-A-15, Mahesh Colony, Near Old Pulgaon, Naka, G.E. Road, Durg, Chhattisgarh...........(Res. No.02)...........(Owner of Bus-CG-07- MB-5812). 3 - The Oriental Insurance Company Limited Through Divisional Manager, Branch Office-Rajendra Park Chowk, Durg, Tehsil and District- Durg, Chhattisgarh............ (Res. No.3)..................(Insurance Company). --- Respondents For the appellant(s) For respondents 1 & 2 For respondent no.3 : : : Mrs. Aditi Singhvi Advocate. None
Legal Reasoning
Mr. Anil Gulati, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Board 29/04/2025 1. These appeals under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) have been filed challenging the award dated 02.02.2019 passed by the learned VII Additional Motor Accident Claims Tribunal Durg, Chhattisgarh, in Claim Cases No. 481 of 2017 and 482/2017. 2. Since both the appeals are arising out of the same incident, they are decided by this common order. MAC No. 854 of 2019 3. As per the pleadings of the Claim Petitions filed under Section 166 of the MV Act, on 05.06.2017 at about 5.30 p.m., injured Ashish Sahu was returning to his village Latabod from Durg on Motorcycle alongwith his brother-in-law Mordhwaj Sahu who was sitting as pillion rider. On the way, respondent no.1 by driving the offending vehicle i.e., Bus No.C.G.07-MB/ 5812 in rash and negligent manner hit against the motorcycle, due to which appellant Ashish Sahu alongwith the pillion 3 rider fell down and sustained grievous injuries and the right leg of injured Ashish Sahu below the knee was amputated. The Pillion rider Mordhwaj Sahu also sustained grievous injuries and his right hand finger was amputated in the same accident. Claimant Ashish Sahu filed MACC No.482 of 2017 claiming a total compensation of Rs.1,21,21,000/- for the losses caused to him. 4. On close scrutiny of facts and evidence as also the documents exhibited on record, the Tribunal held that respondent no.1 by driving the offending vehicle (Bus) rashly and negligently hit the motorcycle of the appellants and caused accident, in which, claimant Ashish Sahu sustained grievous injuries and consequently permanent disability was caused to him. The learned claims Tribunal has granted a total compensation of Rs.16,83,290/- on various heads as shown below : 1 Loss of income 2 Permanent disability 3. Treatment expenses 4. Physical pain and mental suffering 5. Nutritious food 6. Transport charges 7. For keeping assistant/attendant 8. Future medical expenses 9. Vehicle repair expenses Rs. 72,000 Rs. 2,00,000 Rs.13,57,350 Rs. 10,000 10,000 5,000 5,000 10,000 13,940 Rs.16,83,290/- 5. The submission of the learned counsel for the appellant is that at the time of accident, the appellant was a government servant and was drawing a monthly salary of Rs.24,000/- by working as Assistant in Tandula Reservoir, Durg Division. She submits that looking to the nature of grievous injuries and the permanent disability sustained by the appellant in the accident, the compensation awarded by the Tribunal is on lower side. She submits that the Tribunal has not considered to grant any sum on “loss of amenities of life” and “loss of expectation of life” though the claimant is entitled for the same for determining the just compensation. She further submits that the amounts granted on other heads i.e., Nutritious Food, Transport charges, attendant/ assistant charges, Pain, suffering and trauma and 4 future medical expenses are considerably inadequate and prays that the total compensation awarded may suitably enhanced. 6. Learned counsel for the respondent/Insurer would submit that looking to the facts and circumstances of the case, the Tribunal has granted just compensation which needs no interference. 7. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 8. Now this Court shall examine as to whether the compensation of awarded by the tribunal is just and proper compensation in the given facts and circumstances of the case. 9. Dr. Dinesh Patel (A.W.2) who was the Medical Officer of Government Hospital, Supela, Bhilai has stated that on 06.6.2017 the patient Ashish Sahu was treated by him and his right leg was operated by inserting a rod in the femur bone. He further stated that on 13.06.2017, due to lack of blood flow in the veins of the injured person’s leg below the knee, the lower part of the knee was amputated by him and the plastic surgeon. 10. The learned Tribunal on the basis of various medical bills exhibited on record, has fairly considered and granted Rs.13,57,350/- towards treatment expenses which include the cost of artificial limb i.e., 2,62,500/-. The claimant has pleaded that at the time of accident, his monthly earning was Rs.24,000/- and he did not get wages for 3 months during treatment. So the Tribunal has also considered the loss of income for three months and accordingly granted Rs.72,000/-, which is also found correct. Since the appellant has suffered 70% disability due to the said accident and possibility of adverse impact on his physical disability and daily routine activities cannot be denied, the Tribunal has adequately granted Rs.2,00,000/- for permanent disability which cannot be said to be a meagre sum. 11. As regards the permanent disability, It is evident from the statement of Dr. Dinesh Patel (A.W.2) that looking to the serious condition of the injured, his right 5 leg below the knee was amputated thereby he sustained permanent disability. However, the Tribunal has not granted any sum towards loss of amenities and loss of expectation of life. When a claimant suffers grievous injuries resulting in permanent disability, compensation under the heads of "loss of amenities" and "loss of expectation of life" should be awarded by the Tribunal. Therefore, this Court feels appropriate to grant Rs.50,000/- towards loss of amenities and Rs.1,00,000/- for loss of expectation of life. Further the amounts awarded under the other heads i.e., Nutritious food, transport charges, assistant/attendant charges, pain, suffering and trauma, future medical expenses are not adequately granted. Hence, this Court is recomputing the total compensation in the following manner : 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Treatment expenses including the cost of limb as granted by the Tribunal Rs.13,57,350/- Loss of income during treatment as granted by the Tribunal Rs. 72,000/- Permanent disability as granted by the Tribunal Rs. 2,00,000/- Nutritious food Transport/Travelling charges For keeping Assistant/Attendant Pain, suffering and Trauma Future Medical/Treatment expenses Rs. 15,000/- Rs. 15,000/- Rs. 15,000/- Rs. 50,000/- Rs. 20,000/- For repairing vehicle, as granted by the Tribunal Rs. 13,940/- Loss of amenities Loss of expectation of life Total Rs. 50,000/- Rs. 1,00,000/- Rs.19,08,290/- 12.
Decision
In view of the above discussion, the total compensation is recomputed to Rs.19,08,290/- from which after deduction of Rs.16,83,290/- as awarded by the Tribunal, the enhancement would be Rs.2,25,000/- The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Accordingly, MAC No.854/2019 is partly allowed. 6 MAC No. 856 of 2019 13. Injured Mordhwaj Sahu has filed separate Claim Case No. 481/2017 claiming a total compensation of Rs. 32,60,000/- According to him, he suffered permanent disability. 14. On examination of the medical documents the Tribunal held that it is not proved that the applicant has suffered any permanent disability. However, it recorded the fact that the claimant was admitted in B.M.Hospital, Bhilai where he had undergone treatment from 5.06.2017 to 11.06.2017and since there was loss of income, it granted Rs.30,000/- on this head. Further on close scrutiny of medical bills produced by the appellant, Rs.50,000/- was granted for treatment expenses. Thus after considering the over-all evidence and documents placed on record, the Tribunal has granted a total compensation of Rs.1,00,000/- on different heads as follows : 1. Loss of Income 2. Treatment Expenses 3. Pain, suffering and trauma 4. Nutritious food 5. Transport/travelling charges 6. For keeping Assistant/Attendant 7. Future medical expenses Total Rs. Rs. 30,000/- Rs. 50,000/- Rs. 10,000/- Rs. 3,000/- Rs. 3,000/- Rs. 2,000/- Rs. 2,000/- Rs. 1,00,000/- In both the claim cases, the Tribunal has directed respondents 1 to 3 to pay the said compensation jointly and severally within a month with interest @ 9% per annum from the date of filing claim application till the date of payment. However, since the vehicle was insured, the primary responsibility has been fastened on the insurer/Respondent no.3 to pay compensation. 15. Learned counsel for the appellant submits that the award passed by the Tribunal is on lower side and no amount has been granted on loss of amenities and 7 marriage prospects. She prays that the amount awarded by the Tribunal may suitably enhanced. 16. It is evident from the statement of Dr .Dinesh Patel (A.W.2) that on 05.06.2017 claimant Mordhwaj Sahu was examined by him and he found that fourth finger of his right hand was badly damaged and since there was no blood flow in it the injured was advised to cut the finger so that the infection does not spread further and thereafter the finger was amputated by Surgery. Therefore, the Tribunal out to have considered to grant adequate sum for loss of amenities of life and marriage prospects by considering the nature of grievous injury sustained by the claimant and the fact that his right hand finger was amputated due to the accident caused to him. Hence, this Court is inclined to grant Rs.50,000/- on this count in addition to the compensation already granted in Claim Case No. 481/2017. Hence, this Court is recomputing the total compensation in the following manner : 1. Loss of Income 2. Treatment Expenses 3. Pain, suffering and trauma, 4. Nutritious food 5. Transport/travelling charges 6. For keeping Assistant/Attendant 7. Future medical expenses Rs. 30,000/- Rs. 50,000/- Rs. 10,000/- Rs. 3,000/- Rs. 3,000/- Rs. 2,000/- Rs. 2,000/- 8. Loss of amenities of life and marriage prospects Rs. 50,000/- Total Rs.1,50,000/- 17. Thus the total compensation is recalculated to Rs. 1,50,000/- from which after deduction of Rs.1,00,000/- as awarded by the Tribunal, the enhancement would be Rs. 50,000/-. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Accordingly, MAC No. 856/2019 is also partly allowed. 8 18. The Registry is further directed to communicate the claimants in writing “the enhanced amounts” in these appeals as against the amount awarded by the Tribunal. The said communication be made in Hindi Deonagri language and the help of para-legal workers may be availed with the co-ordination of Secretary, Legal Aid of the concerned area where the claimants reside. 19. In the result, both the appeals are finally disposed of with the aforesaid observation/direction. Sd/- Sanjay Kumar Jaiswal Judge Rao