Ashok Pawade S/o Late Vishvanath Pawade, aged about 59 years, Caste - Chhatriya, R/o v. 1. M. Appal Naidu S/o M. Satyanarayan, aged about 46 years, R/o Near Venugopal
Case Details
1 Digitally signed by BHOLA NATH KHATAI Date: 2025.01.23 11:35:17 +0530 2025:CGHC:2422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 749 of 2016 Ashok Pawade S/o Late Vishvanath Pawade, aged about 59 years, Caste - Chhatriya, R/o Vrindavan Colony Jagdalpur, P. S. City Kotwali Jagdalpur, Tahsil Jagdalpur, District Bastar, Chhattisgarh ... Appellant versus 1. M. Appal Naidu S/o M. Satyanarayan, aged about 46 years, R/o Near Venugopal Swami Temple, Salur, P.S. Salur, District Vijaynagaram, Aandhra Pradesh
Legal Reasoning
2. Shriram General Insurance Company Limited, E/8 EPIP RIICO Industrial Area, Sitapur, Jaipur, Rajasthan 302011 ... Respondents For Appellant : Ms. Manisha Yadav, Advocate and Mr. Anjiv Kumar Singh, Advocate on behalf of Mr. Bhupendra Singh, Advocate For Respondent No.1 : None For Respondent No.2 : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal
Decision
Order on Board 1 4 / 01 / 202 5 1. This appeal arises out of award dated 27.02.2016 passed by Second Additional Motor Accident Claims Tribunal, Jagdalpur, 2 District Bastar (C.G.) in Claim Case No.129/2015 awarding compensation of Rs.25,000/- with interest @ 9% per annum, from the date of application till its realization, in favour of the appellant/claimant. 2. The claim of appellant/claimant before the Tribunal, in brief, was that on 05.04.2011 at 2:15 PM, appellant Ashok Pawade, along with his wife, Smt. Prembai Pawade, had gone to his friend’s house in Village Asna on a motorcycle bearing registration number CG-17-K-1825. While returning, near Bakawand Tiraha of Village Asna, the offending vehicle i.e. truck bearing registration number AP-35-U-1152, coming from Raipur side which was being driven by respondent No.1 rashly and negligently collided with the appellant’s motorcycle, causing him to fall. On account of the accident, the appellant suffered grievous injuries to his left thigh, waist, left arm, and other parts of his body, including fracture in his left leg. A report of the said accident was made at Kotwali Police Station, Jagdalpur, where crime was registered against respondent no. 1. 3. It was claimed by the Claimant that at the time of accident, he was aged about 59 years and was earning Rs.22,000 per month by working as a Machine Operator in the Department of Agricultural Engineering, State of Chhattisgarh. On account of the accident, he sustained grievous injuries on his left thigh, waist, left arm, and other parts of his body. Further, he suffered 55% permanent disability due to fracture in his left leg. Therefore, the claimant preferred an application before the Tribunal claiming total compensation of Rs.25,00,000/- for disability, loss in future income, physical and mental agony, medical expenses and also under other heads. 4. Learned Tribunal, after considering the evidence and documents brought on record, awarded lump sum compensation of Rs.25,000/- towards permanent disability of 55%, physical and 3 mental agony, special diet, attendant and transportation in favour of the claimant with interest @ 9% per annum, from the date of application till its realization. Hence, this appeal is for enhancement. 5. Learned counsel for appellant/claimant submits that the Claims Tribunal failed to consider the nature of injuries suffered by the appellant and awarded a lump sum compensation of Rs.25,000/- in favour of appellant which needs to be enhanced. He submits that the medical expenses incurred during treatment has not been considered by the Tribunal. He further submits that the appellant is also entitled for loss of income due to 55% permanent disability as assessed by Dr. L. L. Thakur vide Ex. A-74. Thus, prayed for modification of the impugned award enhancing the compensation suitably. 6. On the other hand, learned counsel appearing for the Insurance Company opposes the submission made by the counsel for appellant and submits that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 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. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. The Tribunal has awarded a lump sum compensation of Rs.25,000/- in favour of appellant/claimant Ashok Pawade due to 4 the injury sustained by him, for physical and mental agony, permanent disability, attendant, nutritious food and transportation. 11. However, it is clear from the evidence presented that the appellant was admitted in the hospital for treatment for about 10 days. It is also clear that the appellant suffered various injuries on his body and also suffered fracture in his left leg. During hospitalization, there are expenses not only on attendant but also on nutritious food, transportation, etc. Taking all these facts into consideration, the compensation of Rs. 25,000/- awarded by the Tribunal under various heads is enhanced to Rs.50,000/-. 12. The appellant has presented the documents Ex. A-8 to A-73 in respect of his medical expenses amounting to Rs.2,29,627/- which has not been given by the Tribunal. It has been stated that the said amount has not been claimed by the claimant in his department where he works. In such situation, the claimant is entitled to get the said amount. 13. The last claim of the claimant party is that 55% permanent disability has been assessed by Dr. L. L. Thakur vide Exhibit A-74. Hence, the amount should be given under the said head. 14. In this regard, the Hon’ble Supreme Court in the case of Raj Kumar v. Ajay Kumar and another reported in (2011) 1 SCC 343, in para-10 observed as under: “10. Where the claimant suffers a permanent disability as a result of injuries, the assessment of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent disability on his earning capacity.” 15. Undisputedly, the claimant is a government servant. There is no evidence that he has suffered any loss of income or his salary has been reduced on account of the injury suffered by him in the accident. In such a situation, in the light of the aforesaid decision of the Hon’ble Supreme Court, since there is no loss of income, there 5 is no need to calculate compensation on the basis of permanent disability. 16. Thus, the amount of compensation awarded by the Tribunal is modified/enhanced as under:- No. Heads Compensation Modified/ awarded by enhanced Tribunal amount 1. For disability, physical and 25,000 50,000 mental agony, special diet, attendant and transportation 2. Medical Expenses ---- 2,29,627 Total compensation Rs. 2,79,627 17. Thus, the total compensation is recomputed as Rs.2,79,627/- from which after deduction of Rs.25,000/- as awarded by the Tribunal, the enhanced compensation would be Rs. 2,54,627/-. 18. In the result, the appeal is partly allowed. The appellant/claimant shall be entitled for the enhanced compensation of Rs.2,54,627/- 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 of the award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 19. 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