Branch Manager, H.D.F.C. Agro General Insurance Company Limited 1st Floor, Chawla Complex, Devendra Nagar v. 1
Case Details
YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.07.16 13:10:02 +0530 1 2025:CGHC:31765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1625 of 2018 Branch Manager, H.D.F.C. Agro General Insurance Company Limited 1st Floor, Chawla Complex, Devendra Nagar, Thana Devendra Nagar, District Raipur Chhattisgarh. (Insurer Of Vehicle No. CG-04-H-5416) --- Appellant Versus 1 - Dr. Ashok Kumar Baghel S/o Santram Baghel, Aged About 41 Years R/o Village Gujra, Thana Arang, Tahsil And District Raipur Chhattisgarh..........(Claimant) 2 - Lucky Sahu S/o Shyamratan Sahu, Aged About 29 Years Profession- Vehicle Driver, R/o Shyam Bazar, Ward No. 8, Arang, Thana Arang, District Raipur (Chhattisgarh).........(Driver Of Vehicle No. CG-04-H-5416) 3 - Toran Sahu S/o Lakhan Sahu, R/o Village And Post Lakhauli, Thana Arang, District Raipur Chhattisgarh........(Owner Of Vehicle No. CG-04- H-5416) --- Respondents MAC No. 1495 of 2018 Ku Lovely Baghel D/o Dr. Ashok Kumar Baghel Aged About 11 Years Occupation Student, R/o Village Gujara, Police Station Arang, Tahsil And District Raipur, Chhattisgarh, Through Her Natural Guardian Father. Claimant --- Appellant Versus
Legal Reasoning
1 - Lucky Sahu S/o Shri Shyamratan Sahu Aged About 29 Years Occupation Driver, R/o Shyam Bazar , Ward No. 08, Arang, Police 2 Station Arang, District Raipur, Chhattisgarh ............Driver Of C G 04 H/5416. Non Applicants 2 - Toran Sahu S/o Shri Lakhan Sahu R/o Village And Post Lakhauli, Police Station Arang, District Raipur, Chhattisgarh. Owner Of Vehicle No. C G 04 H/ 5416 3 - Branch Manager HDFC Agro General Insurance Company Limited, First Floor, Chawla Complex, Devendra Nagar, Road, P. S. Devendra Nagar District Raipur, Chhattisgarh. Insurer Of Vehicle No. C. G. H 5416 --- Respondents MAC No. 1491 of 2018 Dr. Ashok Kumar Baghel, S/o Shri Santram Baghel Aged About 41 Years R/o Village Gujara, P.S. Arang, Tahsil And District Raipur Chhattisgarh. (Claimant) --- Appellant Versus 1 - Lucky Sahu S/o Shri Shyamratan Sahu Aged About 29 Years Occupation - Driver, R/o Shyam Bazar, Ward No. 08, Arang, P.S. Arang, District Raipur Chhattisgarh. (Driver Of CG04H/5416) 2 - Toran Sahu S/o Shri Lakhan Sahu R/o Village And Post Lakhauli, P.S. Arang, District Raipur Chhattisgarh. (Owner Of Vehicle No. CG04H/5416) 3 - Branch Manager HDFC Agro General Insurance Company Limited, First Floor, Chawla Complex, Limited, First Floor, Chawla Complex, Devendra Nagar Road, P.S. Devendra Nagar, District Raipur, Chhattisgarh. (Insurer Of Vehicle No. CG 04 H 5416) (Cause-title taken from Case Information System) --- Respondents For Insurance Company For Driver and Owner For Claimants : Mr. Harshmander Rastogi, Advocate on behalf of Mr. N.K. Thakur, Advocate : None : Mr. Pushpendra Kumar Patel, Advocate 3 Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 09.07.2025 1. As the above three appeals arise out of same accident and common question is involved in it, therefore, they have been
Decision
clubbed together, heard together and being disposed of by this common judgment. 2. Challenge in these appeals is to the award dated 09.07.2018 passed by the Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim Case Nos.490/2016 and 491/2016, respectively whereby learned Claims Tribunal allowed claim application of the claimants in part, awarded Rs.2,70,076/- to Dr. Ashok Kumar Baghel and Rs.5,14,470/- to Ku. Lovely Baghel as total compensation in injury cases. 3. MAC No.1625/2018 has been filed by the Insurance Company challenging the award dated 09.07.2018 passed by the learned Claims Tribunal in Motor Accident Claim Case No.490/2016, whereas MAC Nos.1491/2018 and 1495/2018 have been filed by the claimants for enhancement of amount of compensation stating that the Claims Tribunal has awarded meagre amount of compensation, which needs to be enhanced suitably. 4. Brief facts of these appeals, in a nutshell, are that, on 10.04.2016 at about 6.30 PM, Dr. Ashok Kumar Baghel along with his 4 daughter namely Ku. Lovely Baghel and wife was going from Aarang to Village Gujra in his motorcycle bearing registration No.CG-04/KD/3129. When they reached near Village Bohar at NH-53, one Car bearing registration No.CG-04/H/5416 (hereinafter referred to as ‘offending vehicle’), the driver while driving the same rashly and negligently, dashed the motorcycle of Dr. Ashok Kumar Baghel, due to which all of them fell down and sustained injuries over their person. Dr. Ashok Kumar Baghel suffered injuries below knee and fibula bone and his daughter Ku. Lovely Dewangan suffered injuries over femur bone and hip joint bone. They were taken to the R.L.C. Memorial Hospital, Aarang, District Raipur for treatment where they were treated as indoor patients. 5. After recovering from the injuries, Dr. Ashok Kumar Baghel and Ku. Lovely Baghel filed claim petitions under Sections 166 and 140 of the Motor Vehicles Act, 1988 (for short, M.V. Act’) claiming compensation of Rs.6,90,000/- and Rs.11,50,000/- respectively. 6. The owner and driver of the offending vehicle have filed their separate written statements denying the factum of accident. They have pleaded that driver of the offending vehicle was having valid and effective driving licence and on the date of accident, the offending vehicle was duly insured with the Insurance Company, as such, the liability, if any to satisfy the amount of compensation would be upon the Insurance Company. 7. Written statement was also field by the Insurance Company while 5 stating that the offending vehicle was not involved in the accident and there was non-joinder of necessary party as the insurer of the motorcycle had not been made as party respondents. It has been contended that offending vehicle was being driven in violation of the terms and conditions of the insurance policy as the driver of the offending vehicle was not possessed with valid and effective driving licence, as such, Insurance Company was not liable to pay any amount of compensation. 8. On appreciating the facts and circumstances of the case as well as pleadings of both the parties, learned Claims Tribunal has awarded a sum of Rs.2,70,076/- to Dr. Ashok Kumar Baghel and Rs.5,14,470/- to Ku. Lovely Baghel as total compensation in injury cases and fastened the liability to satisfy the amount of compensation upon the driver, owner and insurer of the offending vehicle. 9. Learned counsel for the Insurance Company submits that there was delay in lodging the First Information Report as well as the disability certificate was not issued by any Medical Board and the same has been issued by the Doctor. He further submits that in cross-examination, the doctor has admitted that without waiting for six months, the certificate is issued and at that point of time, the bones were already joined. It has been contended that the learned Claims Tribunal has erred in awarding excessive amount 6 of compensation, which needs to be reduced suitably in the given facts and circumstances of the cases. 10. Learned counsel for the claimants submits that the learned Claims Tribunal committed an error in awarding the meagre amount of compensation in the given facts and circumstances of the case. He further submits that the claimants had suffered severe injuries in the accident, for which, they have hospitalized for 3 months and 6 months respectively, as such, he prays for enhancement of the amount of compensation suitably in both the cases. 11. I have heard learned counsel appearing for parties and perused the record carefully. MAC No.1491/2018 12. The Claims Tribunal, after considering the evidence adduced by the claimant, which was not rebutted by the non-applicants therein and further considering the medical bills, though it appropriate to award Rs.1,12,476/- towards treatment and medicines, Rs.6,600/- towards attendant charges, Rs.6,000/- towards special diet, Rs.5,000/- towards conveyance expenses. This apart, the Claims Tribunal also awarded a sum of Rs.60,000/- towards loss of earning for three months taking into account his monthly salary of Rs.20,000/- working as Doctor. Further, learned Claims Tribunal has awarded Rs.20,000/- towards future treatment, Rs.30,000/- towards frustration and loss 7 of social prestige and Rs.30,000/- towards pain and suffering. Thus, the Claims Tribunal awarded a total compensation of Rs.2,70,076/- to the claimant-Dr. Ashok Kumar Baghel. MAC No.1495/2018 13. The Claims Tribunal, after considering the evidence adduced by the claimant, which was not rebutted by the non-applicants therein and further considering the medical bills, though it appropriate to award Rs.1,81,870/- towards treatment and medicines, Rs.6,600/- towards attendant charges, Rs.6,000/- towards special diet, Rs.5,000/- towards conveyance expenses. This apart, learned Claims Tribunal has awarded Rs.30,000/- towards future treatment, Rs.30,000/- towards frustration and loss of social prestige and Rs.30,000/- towards pain and suffering. Further, learned Claims Tribunal has awarded Rs.2,25,000/- towards loss of future income as the claimant is 11 years old and a student and she can earn something in her future. Thus, the Claims Tribunal awarded a total compensation of Rs.5,14,470/- to the claimant-Ku. Lovely Baghel. 14. 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. 15. Admittedly, in an vehicular accident that had taken place on 8 10.04.2016, the claimants sustained grievous injures on their person. Looking to the grievous injuries, they were taken to the R.L.C. Memorial Hospital, Aarang, Dsitrict Raipur (C.G.) where they got operated. The claimants have filed their disability certificates, but from perusal of the same, it is evident that the disability certificates were issued by the doctor and not by any District Medical Board, as such, the same were rightly not taken into consideration by the Claims Tribunal. The Claims Tribunal, considering the evidence, oral and documentary as also material available on record and also looking to the nature and number of injuries, awarded Rs.30,000/- towards pain and suffering in both the cases, which in the considered opinion of this Court, is on lower side. During the course of treatment, it cannot also be discarded that the claimants must have suffered pain and agony arising out of grievous injuries sustained by them. 16. Considering the facts and circumstances of the case, the nature and number of injuries sustained by the claimants, the period of their hospitalization, during which period, they had to undergo continuous treatment, further considering the fact that during treatment of claimants, they suffered severe mental agony and pain arising out of grievous injuries, the expenses incurred by them during the course of treatment and the unrebutted evidence adduced in support thereof, this Court is of the opinion that the claimant-Dr. Ashok Kumar Baghel is entitled for an additional 9 lump-sum amount of Rs.50,000/- and claimant-Ku. Lovely Baghel is entitled for an additional lump-sum amount of Rs.30,000/- for the injuries suffered by them in the accident, which would meet the ends of justice. 17. In addition to the amount of compensation already awarded by the Claims Tribunal, i.e., Rs.2,70,076/- to Dr. Ashok Kumar Baghel and Rs.5,14,470/- to Ku. Lovely Baghel, the claimant-Dr. Ashok Kumar Baghel is held entitled for an additional lump-sum amount of Rs.50,000/- and claimant-Ku. Lovely Baghel is held entitled for an additional lump-sum amount of Rs.30,000/- with interest at 9% per annum from the date of filing of claim application till its realization, as held by the Claims Tribunal. However, rest of the conditions of the impugned award shall remain unchanged. 18. The grounds urged by the Insurance Company are not tenable and the appeal filed on behalf of the Insurance Company is bereft of merit, is accordingly dismissed. 19. In the result :- (i) MAC Nos.1491/2018 and 1495/2018 filed by the claimants are allowed in part, and (ii) MAC No.1625/2018 filed by the Insurance Company is dismissed being devoid of merits. 20. Since it is an admitted that on the date of accident, offending vehicle was insured with the Insurance Company, as such the Insurance Company is directed to pay the entire amount of compensation to the claimants in both the appeals being MAC 10 Nos.1491/2018 and 1495/2018 as modified by this Court within a period of 60 days from the date of production of certified copy of this judgment. 21. Record of the concerned Motor Accident Claims Tribunal be sent. (Amitendra Kishore Prasad) Judge Yogesh Sd/-/-