Nafr High Court
Case Details
1 SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.28 15:43:10 +0530 2025:CGHC:18924 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 70 of 2019 1. Ajit Singh Thakur S/o Shri Keshav Singh Thakur, Aged About 44 Years, R/o Ramkundpara, Raipur, Police Station - Amanaka, District Raipur Chhattisgarh (Claimant). versus ... Appellant 1. Mohd. Ashif S/o Shri Mohd. Wasim, R/o Farid Building, Nurenabi Masjid, Rajatalab Pandari, Raipur, Another Address - C/o Anwar Ali, Royal Travels, Through - Incharge Officer/ Employee, Royal Travels, New Bus Stand, Pandari, Raipur, District Raipur, Chhattisgarh (Driver). 2. Anwar Ali Royal Travels, Through - Manager / Incharge Office, Royal Travels, New Bus Stand, Pandari, Raipur, District Raipur Chhattisgarh (Owner). 3. The United India Insurance Company Limited Through The Divisional Manager, United India Insurance Company Limited, In Front Of Kachery, Raipur, District Raipur Chhattisgarh (Insurer). ... Respondents
Legal Reasoning
For Appellant/Claimant : Mr. Dashrath Kushwaha, Advocate For Respondent No. 3 : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N. Nande, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.
Decision
Order on Board 25 / 04 / 2025 2 1. This appeal arises out of the impugned award dated 14.09.2018 passed by the Sixth Additional Motor Accident Claims Tribunal, Raipur, District-Raipur (C.G.) in Claim Case No. 435/2017 awarding compensation of Rs.1,39,500/- with interest @ 7.5% per annum, in favour of the appellant/claimant. 2. The claim of appellant/claimant before the Tribunal, in brief, was that on 08.07.2016, while appellant/claimant namely Ajit Singh Thakur was driving the bus bearing registration No. CG-04-JE- 2708 belonging to Maa Sharda Bus Service from Devbhog to Raipur, and on the way at about 11.00 am near Kodhamali, respondent No.1 – Mohd. Ashif driving the offending vehicle i.e. Royal Travel Bus bearing registration No. CG-04-JE-0786 rashly and negligently in the opposite direction and dashed the bus belonging to Sharda Bus Service, as a result of which, appellant sustained grievous injuries on various parts of the body. Upon report being made in this regard, crime was registered against respondent no.1 (Driver of the offending vehicle) at PS Pailikhed, District Gariaband, Chhattisgarh. 3. It was claimed that at the time of accident, the appellant was aged about 44 years and was working as a driver in Maa Sharda Bus Service and was earning Rs. 800/- per day and Rs.100 as allowances separately from his work. After the said accident, the appellant has been deprived of the said income and is facing severe financial and mental hardships. Therefore, the claimant preferred an application before the Claims Tribunal claiming total compensation of Rs.71,00,000/- for disability, loss in income, physical and mental agony, medical expenses and also under other heads. 4. Learned Tribunal, after considering the evidence and documents brought on record, determined the age of the claimant/injured as 49 years and assessed the income of the injured at Rs.6,000/- per month i.e. Rs.72,000/- per annum. Since the claimant suffered 13% disability due to the accident, loss of income was assessed at Rs.9,360/- per annum and compensation has been calculated in the following manner:- 3 Heads Compensation Towards total loss of income of the injured Rs. 1,21,680/- due to 13% disability after applying multiplier of 13 Towards physical and mental suffering Rs. 10,000/- Towards medical expenses Rs. 1,32,315/- Towards nutritious food, attendant and Rs. 15,000/- transportation expenses Total Rs. 2,78,995/- 5. However, the Tribunal considering 50-50% contributory negligence on the part of the Appellant/driver of the bus belonging to Sharda Bus Service and the driver of offending bus (Royal bus), awarded 50% of the total compensation amount i.e. Rs.1,39,500 /- in favour of the claimant with interest @ 7.5% per annum, from the date of application till its realization against respondents No. 1, 2 & 3 who are the driver, owner & insurer, respectively of the offending vehicle. Hence, this appeal for enhancement. 6. Learned counsel appearing for appellant/claimant submits that the Claims Tribunal has failed to consider the nature of injuries suffered by the appellant and awarded a total compensation of Rs.1,39,500/- which is a very small amount and needs to be enhanced. He next submits that the compensation towards pain & suffering and also towards nutritious food, traveling and attendant is on the lower side. Thus, prayed for modification of the impugned award enhancing the compensation suitably. 7. On the other hand, learned counsel appearing for the Respondent No.3/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. 8. Heard learned counsel for the parties and perused the record. 9. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be 4 just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 10. 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. 11. It is an injury case. The claimant has brought on record his disability certificate (Ex. P-75) in respect of his right arm and right leg. According to the said certificate, there was 25% of disability due to said accident. This fact also stands proved from the statement of Dr. A.A. Saifi (PW-2) who was a consulting Orthopedic Surgeon and had put his signature in the disability certificate and stated that the appellant suffered 25 % permanent disability in the right arm and right leg which is considered as 13 % of the total body as per the provisions of Workman's Compensation Act. Thus, from the evidence it is clear that due to the accident, the claimant sustained 13% disability. 12. In that view of the matter, the amount given towards mental and physical agony of Rs. 10,000/- by the Claims Tribunal is hereby enhanced to Rs.20,000/-. The compensation amount towards nutritious food, attendant and traveling expenses Rs. 15,000/- given by the Claims Tribunal is hereby enhanced to Rs.25,000/- and Rs.1,32,315 towards medical expenses, Rs.1,21,680/- towards total loss of income are found to be proper. Accordingly, the appellant/claimant would become entitled for total compensation of Rs.2,98,995/- in the following manner:- Heads Modified/Enhanced Compensation Towards total loss of income of the injured due to 13% disability after applying multiplier of 13 Towards physical and mental suffering 1,21,680/- 20,000/- 5 Towards medical expenses Nutritious food, attendant and traveling expenses Total compensation 1,32,315/- 25,000/- Rs.2,98,995 /- 13. On the basis of the facts and evidence available on record, the 50% contributory negligence of the appellant/driver of the bus belonging to Sharda Bus Service, determined by the Tribunal, is justified and no need for intervention is required. 14. In the result, the appeal of appellant/injured is partly allowed. The total compensation is recomputed as Rs. 2,98,995/-. Considering 50-50% contributory negligence on the part of the appellant/driver of the bus belonging to Sharda Bus Service and the driver of the offending bus (royal bus), the appellant/claimant shall be entitled for compensation of Rs.1,49,497/- (2,98,995 x 50% = 1,49,497) instead of Rs.1,39,500/-. After deducting Rs. 1,39,500/- as awarded by the tribunal, the enhancement would be Rs. 9,997/-. The amount that has already been paid shall be adjusted. The claimant shall also be entitled for interest @ 6% per annum from the date of enhancement till the date of actual payment. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.