Minor Aayush Chouhan S/o Santosh Ram Aged About 10 Years Through- Natural Guardian Santosh v. 1 - Vijay Kumar Minj S/o Suleman Minj, Cast- Urao, Aged About 48 Years
Case Details
-1- 2025:CGHC:34115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 750 of 2021 Minor Aayush Chouhan S/o Santosh Ram Aged About 10 Years Through- Natural Guardian Santosh Ram S/o Jagdish Ram, Aged About 35 Years, R/o Rajapara Bhagalpur, Tehsil And District- Jashpur (C.G.) ... Appellant (s) versus 1 - Vijay Kumar Minj S/o Suleman Minj, Cast- Urao, Aged About 48 Years R/o Ward No. 47 (Gangapur) P.S. - Gandhinagar Ambikapur, District- Sarguja (C.G.) Presently Residing- Solders School, Ambikapur (C.G.) 2 - Ranjay Ram S/o Chainuram, Caste- Lohar, Aged About 33 Years Village- Fuldih, Post- Budhadand, Tehsil - Bagicha, District- Jashpur (C.G.) ... Respondent(s) ________________________________________________________
Legal Reasoning
For Appellant (s) : Mr. Divyanand Patel, Advocate on behalf of Mr. Rishi Mahobia, Advocate For Resp. No. 1 & 2 : None appears though served _______________________________________________________ S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Judgment On Board 18/07/2025 Heard. 1. This is claimant’s appeal filed under Section 173 of the Motor Vehicles Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.08.05 10:17:22 +0530 -2- Act, 1988 (for short “Act of 1988”) seeking enhancement of amount of compensation awarded by learned Additional Motor Accidents Claims Tribunal, Jashpur (CG) vide award dated 09.08.2021 passed in Motor Accident Claim Case No.57 of 2019. 2. Facts relevant for disposal of this appeal are that appellant/claimant filed an application under Sections 166 of the Act of 1988 before the learned Claims Tribunal, Jashpur (CG) pleading therein that on 31-07- 2018, when applicant was standing on the side of the road in front of Shanti Bhawan School, non-applicant No.2/driver of Maruti Alto car bearing registration No. CG 04 H 2506 drove the car rashly and negligently and dashed Aayush Chauhan. In the accident, Aayush Chauhan's left leg got fractured, right leg was badly bruised and he also had a serious head injury, he was immediately admitted to the District Hospital Jashpur. On being referred by the doctor of the district hospital, Aayush Chauhan was taken to Ranchi and treated at Health Point Hospital where he remained admitted from 31-07-2018 to 15-08- 2018. Applicant-claimant claimed total compensation of Rs.4,67,796/- from non-applicants under different heads. 3. Non-applicant No. 1 (owner of the offending vehicle) in his written statement denied the pleadings made in the claim application and prayed that claim application against him may be dismissed. 4. Non-applicant No.2 (driver of the offending vehicle) was proceeded ex- parte, no written statement has been filed on his behalf. -3- 5. Learned Claims Tribunal, on appreciation of pleadings and evidence brought on record by respective parties held that on the date of accident, offending vehicle was being driven by non-applicant No.2 rashly and negligently, due to which, an accident occurred in which applicant Aayush Chouhan suffered grievous injuries and awarded total compensation of Rs.2,20,395/- . 6. Learned counsel for the appellant/claimant submits that appellant/claimant suffered grievous injury on both of his legs with fracture injury over his left leg. He contended that appellant took treatment in hospital as inpatient from 31.07.2018 till 15.08.2018, however, learned Claims Tribunal has not awarded any amount of compensation under head of ‘attendant’, ‘special diet’ or ‘grievous injury’. Amount of compensation awarded under head of ‘pain and suffering’ and ‘special diet’ is much less than what the claimant/appellant is entitled for. 7. I have heard learned counsel for the appellant and also perused the record of claim case. 8. Perusal of the record would show that appellant filed discharge summary of Health Point Hospitals of Ranchi as Ex.A-8, details of injury mentioned in primary diagnosis is extracted herein-below for ready reference: “Primary Diagnosis:- Right Lower Limbs Multiple Laceration, Right Knee Exposed Left B/B LEG Fracture” -4- 9. From the aforementioned extract of discharge summary it is apparent that claimant suffered grievous injury over his person. However, no compensation is awarded to appellant, a minor aged about 10 years under the head of injury suffered by him or loss of income and expenditure towards ‘attendant’. 10.Considering the nature of injury and treatment, in the opinion of this Court, award of Rs.15,000/- under ‘pains and suffering’ in the facts of case is much less and, therefore, it is enhanced to Rs.25,000/-. 11.Claimant was admitted in hospital for about 16 days and even after discharge from hospital he may have taken help of assistant for his day to day activity. Claimant has examined his father Santosh Ram as AW1 who in his evidence has stated about the period of treatment and further that claimant has to visit hospital at Ranchi in every two months for further treatment. Considering nature of injury and evidence of AW1 I am of the view that claimant is entitled for compensation under head of attendant for a period of 2 months. Taking note of minimum wages as fixed for the labourer during period of accident, I find it appropriate to asses income of claimant as Rs 8000/- per month treating him to be ‘unskilled labourer’. It is ordered accordingly. Hence, claimant would be entitled for Rs.16,000 (8000 x 2 ) towards attendant. 12. Learned Claims Tribunal has not awarded any compensation towards ‘special diet’. Considering the fact of the case, I find it appropriate to award Rs.10,000/- towards ‘special diet’. It is ordered accordingly. -5- 13.Looking to the nature of injuries suffered, I find it appropriate to award Rs.20,000/- towards ‘grievous injury’ suffered by him. 14. Apart from the aforementioned compensation which is awarded by this Court, claimant will be entitled for sum of Rs.1,93,995/- towards ‘medical expenses’ as awarded by Claims Tribunal. 15.Claimant will be entitled for award of compensation of Rs.8,400/- towards conveyance/transportation expenses as awarded by learned Tribunal. 16.For the foregoing discussions, I find it appropriate to re-compute the amount of compensation as under:- S. N. Heads 1. Medical expenses 2. Pains and suffering 3 Special Diet 4. Grievous Injury 5. 6. Attendant Conveyance/Transportation expenses Total compensation Compensation Rs. 1,93,995 (+) Rs. 25,000 (+) Rs. 10,000 (+) Rs. 20,000 (+) Rs. 16,000 (+) Rs. 8,400 Rs. 2,73,395 : : : : : : : 17.Now the appellant/claimant is awarded total compensation of Rs.2,73,395/- instead of Rs.2,20,395/- as awarded by the Claims -6- Tribunal. 18. Aforementioned enhanced amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application till its realization. Any amount of compensation already paid to the claimants shall be adjustable from the total amount of compensation which has now been calculated and awarded by this Court. Rest of conditions of impugned award shall remain intact.f 2 19. Appeal is accordingly allowed in part and the impugned award stands modified to the extent indicated above. Sd/- Sd/-d/- (Parth Prateem Sahu) Judge Praveen