Kondagaon, Chhattisgarh v. 1 - Vinay Singh Thakur S/o Vijay Singh Thakur Aged About 22 Years R/o
Case Details
1 2025:CGHC:36247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1542 of 2018 1 - Shyamlal Sahu S/o Late Shri Tularam Sahu Aged About 55 Years R/o Village Mohlai, Post Office, Police Station And Tahsil Farasagaon, District Kondagaon, Chhattisgarh. .........Claimant, District : Kondagaon, Chhattisgarh ... Appellant(s) versus 1 - Vinay Singh Thakur S/o Vijay Singh Thakur Aged About 22 Years R/o Village Daspur, Post Office Police Station And Tahsil Kanker, District Kanker Chhattisgarh. ............Driver Of Vehicle Jeep Bearing Registration No. C. G. /19/t/0380 ...........Non Claimants., District : Kanker, Chhattisgarh
Legal Reasoning
2 - Vijay Kumar Thakur S/o Late Shri Rajkumar Thakur R/o Village Daspur, Post Office, Police Station And Tahsil Kanker, District Kanker, Chhattisgarh. ...............Registered Owner Of Vehicle Jeep Bearing Registration No. C.G./19/t/0380, District : Kanker, Chhattisgarh 3 - The Oriental Insurance Company Limited Through Divisional Manager/ Divisional Office, Madina Manzil Kutchery Chowk, Raipur, Tahsil And District Raipur, Chhattisgarh. ..................Insurer Of Vehicle Jeep Bearing Registration No. C. G./19/t/0380, District : Raipur, Chhattisgarh ... Respondent(s) For Appellant(s) : Ms. Pooja Yadav, Advocate For Respondent(s) : Mr. Akash Shrivastava, Advocate on behalf of 2 Mr. R. N. Pusty, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board (25.07.2025) 1. This appeal arises out of the award dated 27.11.2017 passed by the Motor Accident Claims Tribunal, Kondagaon (C.G.), in Claim Case No.51/2017 awarding a compensation of Rs.1,61,932/- with interest @ 9% per annum, in favour of the appellants/claimants for their irreparable loss. 2. The averment in the claim petition, is that the present application for compensation arises out of a motor vehicle accident that occurred on 26.02.2017, at approximately 8:00 PM, near NH-30, Main Road Kulgaon, within the jurisdiction of Police Station Kanker, Chhattisgarh. The applicant, Shri Shyam Lal, was engaged in the business of selling goods and clothes and was earning a monthly income of approximately Rs. 20,000/-. On the said date and time, the applicant was riding motorcycle bearing registration number CG17-ZE-7077, accompanied by his brother Shri Samaru Ram. It is alleged that Respondent No. 1, while operating a vehicle described as the "offending vehicle," drove in a rash and negligent manner and collided with the applicant's motorcycle in front of NH-30, Kulgaon. 3. As a result of the collision, the applicant sustained grievous injuries, including fractures in two places on his right leg, as well as significant trauma to his waist and head. He was initially taken to the District Hospital, Kanker, for first aid treatment, and subsequently admitted to 3 Shri Balaji Hospital, Raipur, where he remained under medical care for approximately 15 days. Tragically, the applicant’s brother, Shri Samaru Ram, who was riding pillion at the time of the accident, succumbed to the injuries sustained and was declared deceased. Following the incident, a First Information Report (FIR) was lodged at Police Station Kanker, resulting in registration of Crime No. 71/17 under Sections 279, 338, and 304-A of the Indian Penal Code, 1860 against Respondent No.1. 4. The applicant claims that he has suffered permanent physical disability and has incurred substantial medical expenses. Consequently, he has filed the present application seeking a total compensation of Rs. 45,00,000/-, with interest The applicant has sought just and fair compensation for the injuries and losses suffered due to the negligent act of the non-applicant No.1. Hence this appeal. 5. It is an admitted and undisputed fact on record that, on the date of the accident, Respondent No.2 was the registered owner and insured of the vehicle bearing registration number CG19-T-0380 (hereinafter referred to as the "offending vehicle"), and that Respondent No. 3 was the insurer of the said vehicle. 6. The learned Tribunal, upon a close scrutiny of the evidence placed on record, assessed and awarded compensation under various heads as follows: Rs. 94,432/- towards medical expenses and treatment, Rs. 25,000/- towards loss of income during the period of treatment, Rs. 4 30,000/- for pain and suffering, Rs. 5,000/- towards special diet, Rs. 4,500/- towards loss of future income, and Rs. 3,000/- towards transportation expenses. Accordingly, the total compensation awarded by the Tribunal amounts to Rs.1,61,932/-. 7. While passing the impugned award, as the Tribunal has found that there was no breach of insurance conditions, therefore, the Tribunal has fastened the liability upon Respondent No.3 i.e. Insurance Company. Hence, this appeal has been filed by the appellants/claimants for enhancement of compensation. 8. Respondents No. 1 and 2, while admitting the agreed facts, have denied all other averments made in the application before the Tribunal. They specifically submitted that on the date of the accident, respondent No.1 held a valid and effective driving license and that the vehicle was duly insured with respondent No.3. 9. Learned counsel for the appellant/claimant submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. The appellant submits that the impugned award is illegal, erroneous, and contrary to the evidence on record. The Tribunal erred in disbelieving the appellant’s disability and in failing to consider the disability certificate showing 60% permanent disability. No compensation was granted for permanent disability, which is unjustified. Further, the appellant remains physically incapacitated and unable to work as before, yet the Tribunal failed to 5 award adequate compensation for loss of income, future prospects, and medical expenses, including ongoing and future treatment costs. The learned Tribunal also erred in not applying the correct multiplier based on the appellant’s age (55 years) and did not enhance compensation for future prospects as mandated. Overall, the compensation awarded is grossly inadequate and fails to reflect the injuries and losses suffered. Hence, this appeal may be allowed and amount of compensation may be enhanced suitably. 10. No one appeared on behalf of respondents No. 1 & 2, they remain ex-parte and has not submitted their written submission/reply. 11. On the other hand, the learned counsel appearing on behalf of the insurance company submits that the award passed by the Tribunal is excessive and that there is no justification for enhancing the said amount. Therefore, no interference is warranted in the present matter. 12. I have heard counsel for the parties, perused the documents on record and particularly the award passed by the Tribunal. 13. The Court now proceeds to consider whether the compensation amount of Rs. 1,61,932/- awarded by the Tribunal is just and proper in the facts and circumstances of the present case. 14. It is an admitted and undisputed fact that on the date of the accident, Respondent No. 2 was the registered owner and insured the vehicle bearing registration number CG 19-T-0380, and Respondent No. 3 6 was the insurer of the said vehicle. The Tribunal noted that the applicant submitted discharge summary (Exhibit P9), admission slip (Exhibit P10), CT scan report (Exhibit P11), bills (Exhibits P12 to P61), receipts (Exhibits P62 to P69), cash memo (Exhibit P70), and service orders (Exhibits P71 to P80) pertaining to medical treatment, reflecting expenditure of Rs. 94,432/-. The Tribunal awarded the said amount as compensation for medical expenses. The applicant was admitted to the hospital for sixteen days and consequently would have been unable to perform normal work for at least one month. The Tribunal rightly awarded Rs. 4,500/- towards loss of income during this period. Additionally, an amount of Rs. 5,000/- was granted for medical assistance, fruits, and nutritious food. Considering the nature of injuries sustained, the Tribunal awarded Rs. 30,000/- for injury, pain, suffering, and permanent disability. Further, taking into account the applicant’s age (55 years) and current condition, the Tribunal deemed it appropriate to award Rs. 25,000/- for loss of future income. Lastly, an amount of Rs. 3,000/- was awarded for transportation expenses. 15. Upon careful consideration, this Court finds it just and proper to enhance the compensation awarded for injury, pain, suffering, and permanent disability from Rs. 30,000/- to Rs. 50,000/-. Similarly, the amount granted for medical assistance, fruits, and nutritious food is enhanced from Rs. 5,000/- to Rs. 10,000/-. So, in the case at hand, the instant appeal filed by the claimant would be entitled for 7 enhancement of the amount, therefore, appellant/claimant become entitled for total compensation of Rs. 1,86,932/-. Thus, the claimant is entitled for compensation in the following manner:- S.No. Heads 1. 2. 3. 4. 5. 6. Towards Medical Expenses Towards loss of Income during Treatment Towards Pain and Suffering Towards Special Diet and Nutritious Food and Medical Assistant For Loss of Future Income For Loss of Transportation Total Calculation Rs.94,432/- Rs.25,000/- Rs.50,000/- Rs.10,000/- Rs.4,500/- Rs.3,000/- Rs.1,86,932/- 12. Accordingly, the total compensation is enhanced to Rs.1,86,932/- from Rs.1,61,932/-. Thus, there is an enhancement of Rs.25,000/-, which shall carry interest at the same rate as awarded by the Tribunal (9% p.a.) from the date of claim petition till realization. 15. As a result, the appeal is allowed in part. The award dated 27.11.2017 is modified to the extent indicated above. Rest of the terms and conditions of the Tribunal’s award remain intact. 16. The Registry is directed to intimate the claimants in writing regarding the enhanced amount. Sd/- ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Saxena Sd/- (Amitendra Kishore Prasad) Judge