Arun Jaiswal S/o Shri Balram Jaiswal, Aged About 35 Years R/o Village- Beltara, Police v. 1. Anil Pandey S/o H. L. Pandey, R/o Pali Road, Bangalipara, Dipka, Police Station
Case Details
1 Digitally signed by BHOLA NATH KHATAI Date: 2025.03.25 10:29:12 +0530 2025:CGHC:13729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 442 of 2016 Arun Jaiswal S/o Shri Balram Jaiswal, Aged About 35 Years R/o Village- Beltara, Police Station- Ratanpur, Tahsil And District (Revenue And Civil) - Bilaspur, Chhattisgarh ... Appellant versus 1. Anil Pandey S/o H. L. Pandey, R/o Pali Road, Bangalipara, Dipka, Police Station- Dipka, Tahsil And District (Revenue And Civil) - Korba, Chhattisgarh (Driver Of The Truck No. C.G.12 C/ 1531)
Legal Reasoning
2. Smt. Shila Chaturvedi Wd/o Late Shri Narendra Chaturvedi, R/o Near Jhasar Ata Chakki Vishram Nagar, Dipka, Police Station- Dipka, Tahsil And District (Revenue And Civil) - Korba, Chhattisgarh 2.A. Ajit Chaturvedi S/o Late Shri Narendra Chaturvedi, R/o Near Jhasar Ata Chakki Vishram Nagar, Dipka, Police Station- Dipka, Tahsil And District (Revenue And Civil) - Korba, Chhattisgarh 3. The Oriental Insurance Company Limited, Through Divisional Manager, Divisional Office- Near Rajiv Plaza, Bus Stand Bilaspur, Tahsil And District (Revenue And Civil) - Bilaspur, Chhattisgarh ... Respondent(s) : For Appellant For Respondent No.2A : For Respondent No.3 : Mr. Anand Kesharwani, Advocate Ms. Shaleeni Jangde, Advocate, on behalf of Mr. A. L. Singroul, Advocate Mr. T. K. Tiwari, Advocate 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal 21 / 0 3 / 202 5
Decision
Order on Board 1. This appeal arises out of award dated 10.02.2016 passed by 4th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.151/2013 awarding compensation of Rs.53,500/- with interest @ 6% per annum, from the date of application till its realization, in favour of the appellant/claimant. 2. The gist of claim before the Tribunal, in brief, was that on 20.07.2007 at about 9:30 p.m., when claimant Arun Jaiswal after closing his shop at Sipat Chowk Sarkanda was going to his house Beltara on motorcycle along with his friend Shital Das, the motorcycle collided with the offending Truck bearing registration No. CG 12 C 1531 which was parked on the road without any signal/indication, as a result of which, Arun Jaiswal suffered grievous injuries on his body. He was first treated at CIMS Hospital, Bialspur and then, considering the nature of injuries, he was referred to Apollo Hospital for better treatment. Upon report being made in this regard, crime was registered against respondent no.1 (Driver of the offending vehicle) at PS Koni, District Bilaspur. 3. As per the pleadings of the claim application, before accident, claimant Arun Jaiswal was earning Rs.20,000/- per month from rice shop. On account of the accident, he suffered grievous injuries in various parts of his body and his vertebra got fractured, for which, he was admitted in Apollo hospital, Bilaspur for about 8 days. Therefore, the claimant preferred an application before the Tribunal claiming total compensation of Rs.5,65,000/- for loss in future income, physical and mental agony, medical expenses and also under other heads. 3 4. Learned Tribunal, after considering the evidence and documents brought on record, awarded Rs.13,500 for loss of income, Rs.20,000 for medical expenses, Rs.5,000 for physical and mental agony, Rs.5,000 for Attendant, Rs.5,000 for Nutritious diet and Rs.5,000 for transportation, amounting to a total of Rs.53,500 in favour of the claimant with interest @ 6% per annum, from the date of application till its realization. While passing the impugned award, the Tribunal has exonerated the insurance company from its liability on the ground of breach of policy conditions. Hence, this appeal is for enhancement and for an order of pay and recover. 5. Learned counsel for appellant/claimant submits that the Tribunal has failed to consider the nature of injuries suffered by the appellant and awarded a total compensation of Rs. 53,500 which is a very small amount and needs to be enhanced. He submits that the Tribunal has not awarded any amount towards future medical expenses and for future inconvenience. He further submits that though the insurance company has been exonerated, considering the beneficiary legislation of the Motor Vehicles Act, an order of pay and recovery may be passed. 6. On the other hand, learned counsel appearing for the respondents oppose the submission made by the counsel for appellant and submit that in the facts and circumstances of case, the award passed by the Claims Tribunal is proper and requires no further enhancement. Learned counsel appearing for the Insurance Company also opposes the prayer for issuance of an order of pay and recover. 7. Heard learned counsel for the parties and perused the record. 8. 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. 4 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper in the given facts and circumstances of the case. 10. Learned Tribunal while awarding compensation of Rs.53,500 under various heads in para-17 of its award has held that though the claimant has stated that surgery has to be done due to severe back injury and document Ex.P-22 has been presented, but the doctor has not been examined in this regard. 11. However, it is clear from the evidence presented that due to the accident, the vertebra of the appellant got fractured and he also suffered several other injuries on his body, for which he was admitted in the Hospital for about 8 days. Given the nature of injuries, there is all possibility of medical expenses and inconvenience in the future. However, the Tribunal has not awarded any amount for future medical expenses and inconvenience that would be faced by the appellant on account the said injuries. Therefore, Rs.10,000/- is awarded towards future medical expenses and inconvenience. In addition, the amount of Rs.5,000 given by the Tribunal for physical and mental agony is enhanced to Rs.10,000. Accordingly, a total sum of Rs.15,000/- is awarded in favour of the appellant, in addition to what is already awarded by the Tribunal. 12. As regards the prayer for issuing an order of “pay and recover”, in the present case, admittedly, the offending vehicle was insured with respondent no.3/Insurance Company but due to breach of policy condition, the Insurance Company has been exonerated. However, considering the principle laid down by the Hon’ble Supreme Court in the case of Amrit Paul Singh & another. Vs. Tata AIG General Insurance Company Limited & others reported in (2018) 7 SCC 558 ordering the insurance company to 5 pay first and then recover and also taking note of the facts and circumstances of the present case, particularly the fact that at the time of accident the vehicle was insured with insurance company, it is directed that the insurance company shall first pay the amount of compensation awarded to the appellant/claimant and then recover the same jointly or severally from the owner (respondents No. 2 & 2.A who are the legal heirs of the owner who died during pendency of the claim application) and the driver (respondent No.1) of the offending vehicle. 13. In the result, the appeal is partly allowed. The appellant/claimant will be entitled for the enhanced compensation of Rs.15,000 in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 14. The Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. 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 claimant resides. Sd Khatai Sd/- (Sanjay Kumar Jaiswal) Judge