Nafr High Court
Case Details
1 (MAC No. 826 of 2021 & MAC No. 253 of 2022) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.09.25 17:42:08 +0530 2025:CGHC:49034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 826 of 2021 1 - Ajmer Singh S/o Keshal Sai Aged About 25 Years Caste Binjhwar, R/o Village Sarbhauka, Tahsil Podi Uproda, District Korba Chhattisgarh. Versus ---Appellant(s) 1 - Ramlal Binjhwar S/o Ram Singh Binjhwar Aged About 26 Years R/o Village Sarbhauka, Police Station Bango, Tahsil Podi Uproda, District Korba Chhattisgarh. (Driver) 2 - Ram Singh S/o Jagatram Caste Binjhwar, R/o Village Sarbhauka, Police Station Bango, P.O. Gursiya, Tahsil Podi, Uproda, District Korba Chhattisgarh. (Owner) 3 - Branch Manager S.B.I. General Insurance, 2nd Floor, Ramaport Main Road, Near Mahima Billa Bazar Bilaspur, Vyapar Vihar Road, Bilaspur, District Bilaspur Chhattisgarh. (Insurance Company). --- Respondent(s) (Cause-title taken from the Case Information System)
Legal Reasoning
For Appellant For Respondent Nos.1 & 2 :- Mr. S.P. Sannat, Advocate :- Ms. Swati Verma, Advocate MAC No. 253 of 2022 1 - SBI General Insurance Company Limited Through Branch Manager,2nd Floor, Rama Port Main Road, Near Mahima Bila Bazaar, Vyapar Vihar Road, Bilaspur, District - Bilaspur Chhattisgarh. ---Appellant(s) 2 (MAC No. 826 of 2021 & MAC No. 253 of 2022) Versus 1 - Ajmer Singh S/o Keshal Sai Aged About 25 Years R/o Village- Sarbhowka, Tehsil - Podi Uproda, District Korba Chhattisgarh. 2 - Ramlal Binjhwar S/o Ram Singh Binjhwar Aged About 26 Years R/o Village Sarbhowka, P.O. Gursiya, Tehsil - Podi Uproda, District Korba Chhattisgarh. 3 - Ram Singh S/o Jagturam, Caste Binjhwar, R/o Village Sarbhowka, P.S. Bango, P.O. Gursiya, Tehsil - Podi Puroda, Distric Korba Chhattisgarh. --- Respondent(s) (Cause-title taken from the Case Information System) For Appellant For Respondent No.1 For Respondent Nos.2 & 3 :- Mr. S.P.Sannat, Advocate :- Mr. Utsav Mahiswar, Advocate :- Ms. Swati Verma, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 24.09.2025 1. Since common question of facts and law are involved and these two appeals have arisen from a common award passed by learned Claims Tribunal in Claim Case No.128/2016, these two appeals are clubbed together, heard together and are decided by this common order. 2. These two appeals have been preferred challenging impugned award dated 20.10.2021 (Annexure A/1), passed by learned II Additional Motor Accident Claims Tribunal, Katghora, District Korba, Chhattisgarh, by which the 3 (MAC No. 826 of 2021 & MAC No. 253 of 2022) Claims Tribunal has awarded compensation to the tune of Rs.2,03,900/- along with 7% per annum interest to appellant/claimant – Ajmer Singh for the injuries suffered by him in a motor accident and the liability to pay the amount of compensation has been fastened upon the insurance company. 3. Mr. Utsav Mahiswar, learned counsel for the insurance company would submit that the claimant – Ajmer Singh was traveling as a gratuitous passenger in the offending vehicle (trolley truck), which is in violation of terms and conditions of the insurance policy and therefore, the insurance company be completely exonerated from the liability to pay the amount of compensation. 4. Ms. Swati Verma, learned counsel for the appellant/claimant – Ajmer Singh would submit that the claimant has suffered fracture in left arm below and left hip bones and got permanent disability to the extent of 38% but the same was not considered by learned Claims Tribunal. Also, learned Claims Tribunal assessed the monthly income of the claimant to be Rs.300/- per day, whereas the appellant worked as mason and used to earn Rs.15,000/- per month. Moreover, the amount awarded by 4 (MAC No. 826 of 2021 & MAC No. 253 of 2022) learned Claims Tribunal under other heads is also on the lower side and therefore, liable to be enhanced. 5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records with utmost circumspection. 6. So far as the appeal of the insurance company regarding exoneration from the liability to pay the amount of compensation is concerned, it is the case of the insurance company that the claimant was traveling as a gratuitous passenger in the offending vehicle. However, the learned Claims Tribunal has clearly recorded a finding that the person who lodged the FIR namely, Lalit Kumar Binjhwar has not been examined and therefore, on the basis of oral evidence and documentary records, learned Claims Tribunal held that the claimant was a pedestrian and was standing at the place of incident. As such, the said finding recorded by the Claims Tribunal is a correct finding of facts based on the materials available on record and the same is neither perverse nor contrary to the record and learned Claims Tribunal has rightly fastened the liability upon the insurance company to pay the amount of compensation. 5 (MAC No. 826 of 2021 & MAC No. 253 of 2022) 7. Now, so far as appeal of the claimant seeking enhancement of the amount of compensation is concerned, Dr. Ghanshyam Diwan (AW-3), Orthopedic Doctor, District Hospital, Korba has clearly stated that disability sustained by the claimant is not likely to improve and the claimant remained hospitalized from 22.04.2016 to 09.05.2016 (total 18 days) in Indira Gandhi District Hospital, Korba. Accordingly, the claimant is entitled for compensation as under :- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 300/- per day Loss of Income considered Medical expenses Rs.300 x 48 = Rs.14,400/- (for 48 days) Rs.1,23,500/- Rs. 15,000/- per month Rs. 15,000/- x 3 = Rs.45,000/- (for 3 months) Rs.1,23,500/- (as per medical bills) Transportation Rs.5,000/- Rs.25,000/- Special Diet Rs.5,000/- Rs.25,000/- Assistance Rs.36,000/- Rs.36,000/- Pain and suffering Rs.20,000/- Rs.50,000/- Loss of enjoyment of life Loss of future income due to physical injury Future medical treatment Not given Rs.20,000/- Not given Rs.30,000/- Not given Rs.25,000/- Total Rs. 2,03,900/- Rs. 3,79,000/- 6 (MAC No. 826 of 2021 & MAC No. 253 of 2022) 8. In view of the aforesaid analysis, the amount of compensation of Rs. 2,03,900/- awarded by the Claims Tribunal is enhanced to Rs. 3,79,000/-. Hence, after deducting the amount of Rs. 2,03,900/-, the appellant/claimant is entitled for an additional amount of Rs. 1,75,100/-. The concerned party is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. Accordingly, the appeal of appellant-insurance company is dismissed, however, the appeal filed by the appellant/ claimant – Ajmer Singh is allowed to the above extent. The concerned Tribunal shall pass appropriate order with regard to apportionment, investment and disbursement of the enhanced amount of compensation. @d!t! Sd/- (Sanjay K. Agrawal) Judge