Bilaspur, Chhattisgarh v. 1 - Ashok Kumar Thakre S/o Bhagwat Rao Thakre Aged About 33 Years R/o
Case Details
1 2025:CGHC:33076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 959 of 2018 1 - Kumari Ratna Dhuri D/o Mohanlal Dhuri Aged About 16 Years Through Guardian Father Mohanlal Dhuri S/o Kartik Ram Dhuri, Aged About 48 Years, R/o Village Khaprakhol Baima, Tahsil And District Bilaspur, Chhattisgarh (Claimant), District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - Ashok Kumar Thakre S/o Bhagwat Rao Thakre Aged About 33 Years R/o In Front Of Satya Showroom, Arvind Mark Sarkanda, Tahsil And District Bilaspur, Chhattisgarh (Driver Of The Vehicle Tractor Reg. No. C.G.-10 D.A. 0383), District : Bilaspur, Chhattisgarh 2 - Vijay Kumar Shashtri S/o Shambhu Prasad Bharti Aged About 56 Years R/o Village Nagoi, Post Nagoi, Tahsil And District Bilaspur, Chhattisgarh (Owner Of The Vehicle Tractor Reg. No. C.G.-10 D.A. 0383), District : Bilaspur, Chhattisgarh 3 - Sharad Kumar S/o Vimleshwar Aged About 28 Years R/o Bangalipara, Sarkanda, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh 4 - Branch Manager The New India Insurance Company Limited, In Front Of Rajeev Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh (Insurer Of Vehicle Tractor Reg. No. Cg-10 D.A. 0383), District : Bilaspur, Chhattisgarh 2 5 - Branch Manager National Insurance Company Ltd. Vyapar Vihar Road, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh (Insurer Of Trolley Reg. No. Cg-10 D.A. 2496), District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s)
Legal Reasoning
: Ms. Deblani Maity, Advocate For Respondent(s) : Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 15.07.2025 1. This appeal has been filed by the appellant being aggrieved by the order passed by the Member 1st Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur dated 15.03.2018 in Claim Case No.598 of 2016. 2. As per claim application, the appellant sustained injuries in an accident involving the offending vehicle, a tractor bearing registration No. C.G.-10 D.A. 0383 attached to trolley No. C.G. 10 D.A. 2496, driven by Respondent No.1 and owned by Respondent Nos.2 and 3, with insurance coverage by Respondent Nos.4 and 5, respectively. On 01.07.2016, at approximately 12:30 PM near Dhuri Para, Koni, the tractor-trolley was driven negligently, resulting in a collision with the appellant, Kumari Ratna Dhuri, who was riding a bicycle. The accident caused grievous injuries to her left rib and leg, necessitating hospitalization, surgery involving the fixation of an iron rod, and an extended recovery period, including a 40% disability. At the time, the appellant was a 12th grade science student. The appellant claimed 3 compensation totaling Rs. 10,25,000/-. Respondents No. 1 to 3 failed to appear and did not file any response, while Respondent No. 4 (the tractor insurer) contested liability on grounds including misuse of the vehicle for commercial purposes despite an agricultural policy, invalid driving license of the driver, and failure to notify the insurer post- accident. Respondent No. 5 (the trolley insurer) similarly denied liability, additionally arguing the trolley is not a motor vehicle under the policy. The Tribunal, after examining evidence and hearing submissions, framed five issues and awarded partial compensation of Rs. 2,16,713/- with 6% interest p.a. jointly and severally against the respondents. Aggrieved, the appellant has preferred this appeal. 3. The Tribunal, upon careful scrutiny of the evidence presented and after hearing the arguments advanced by the parties, formulated five substantive issues for determination. Following a comprehensive evaluation of the material on record, the Tribunal concluded that the claim was only partially substantiated and consequently awarded compensation amounting to Rs. 2,16,713/- (Rupees Two Lakh Sixteen Thousand Seven Hundred Thirteen only) to the appellant, along with interest at the rate of 6% per annum, payable from the date of filing the claim until realization, holding the respondents jointly and severally liable for the said amount. 4. The appellant respectfully submits that the compensation awarded by the learned Tribunal is manifestly inadequate and does not reflect the true extent of the injuries and losses suffered. The Tribunal failed to apply the proviso to Section 166 of the Motor Vehicles Act 4 appropriately while passing the award. Moreover, the Tribunal erred in neglecting to provide adequate compensation for future medical treatment, as well as in its consideration and evaluation of the medical bills and other heads of damages. The Tribunal also failed to properly account for the grievous nature of the injuries sustained by the appellant, who suffers from a 40% permanent disability, which severely impacts her future prospects, including her educational and matrimonial prospects. Further, the award is conspicuously low on various other heads of claim, warranting reconsideration and enhancement in the interest of justice. 5. On the other hand, the learned counsel appearing on behalf of the respondent insurance company supports the impugned award, contending that the compensation granted to the injured appellant is fair, reasonable, and in accordance with the law, and therefore does not warrant any interference by this Court. 6. I have heard the learned counsel for the parties, considered their rival submissions and perused the documents available on record. 7. From perusal of the record it appears that for 11 days the injured was admitted to in the hospital, she sustained fracture in her 7th, 8th & 9th Rib, however, from evidence of doctor No permanent disability was found. 8. Considering the facts and circumstances of the case at hand, the injured has sustained fracture in her ribs and was admitted in Hosbital, further keeping in mind the injury sustained by injured, she 5 was advised for bed rest and pain & suffering, Special diet would be enhance as such the award is modified to the extent :- Sn. 01 02 03 Heads For Treatment For Healthy Diet For Pain & Suffering Total Calculation Rs.2,01,713/- Rs.20,000/- Rs.50,000/- Rs.2,71,713/- 9. The amount of compensation of Rs.2,16,713/- awarded by the tribunal is enhanced to Rs.2,71,000/-. Hence, after deducting the amount of Rs.2,16,713/-, the claimant is held entitled for an additional amount of Rs.55,000/-, the additional amount shall carry interest @ 6% per annum from the date of appeal i.e. 15.05.2018 within the period of 60 days. Rest of the terms and conditions of the Tribunal award remain intact. 10.
Decision
Accordingly, the appeal is allowed in part. Sd/- (Amitendra Kishore Prasad) Judge ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Gopal Singh/Saxena