Chattisgarh High Court
Chandan Chouhan vs Ajaruddin Khan on 1 December, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Judgment reserved on : 15/11/2022
Judgment delivered on: 01/12/2022
MAC No. 1042 of 2017
Chandan Chouhan S/o Siyaram Chouhan, Aged About 35
Years, R/o Ghoghra (Lakramuda), Post Farsatoli, Police Station
Bagbahar, Tahsil Patthalgaon, District Jahspur
Chhattisgarh....Claimant.
---- Appellant
Versus
1. Ajaruddin Khan S/o Mohammad Khan, Aged About 27 Years,
Occupation Vehicle Driver, R/o Village Supa, Tahsil & Police
Station Pussore, District Raigarh Chhattisgarh. Present
Address House Of Bade Khan Boirdadar, Police Station
Chakradharnagar, Raigarh, Tahsil And District Raigarh
Chhattisgarh.....Driver.
2. Aftab Khan S/o Babu Khan, R/o Maudahapara, Raigarh, Tahsil
And District Raigarh Chhattisgarh.....Owner.
3. Bajaj Allianz General Insurance Company Limited, G. E. Plaza,
Airport Road, Raiwada, Pune Maharashtra, Through Branch
Office, Bajaj Allianz General Insurance Company Limited,
Shivmohan Bhawan, Vidhan Sabha Road, Pandri, Raipur,
Tahsil And District Raipur Chhattisgarh......Non Applicants.
---- Respondents
For Appellant : Shri K. P. Sahu, Advocate.
For Respondent No.3 : Mr. Ghanshyam Patel, Advocate.
Hon'ble Smt. Justice Rajani Dubey
CAV Judgment
1. This appeal filed by the claimant/appellant arises out of the
award dated 31.01.2017 passed by learned Motor Accident
Claims Tribunal (for short the "Tribunal") Raigarh (C.G.) in
Claim Case No. 574/2013 whereby in an injury case
compensation of Rs. 2,90,100/- has been awarded to the
claimant/appellant herein.
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2. Facts
of the case, in brief are that on 8.12.2012, the appellant
along with other persons was going to Village Chandrapur for
temple visit in a Pick-Up van, at the time of returning when
they reached Near By-pass road, Kosamnara Chowk, Kotra
Road, Raipur, at about 4-6 PM the offending vehicle i.e. Tata
Motors Pick Up bearing No. CG-13 D-9419 driven by
Respondent No.1 rashly and negligently, dashed the vehicle
of appellant, as a result of which, the claimant/appellant
suffered number of injuries. His right hand amputated from
elbow. The appellant was hospitalized and as per certificate
(Ex. P/13), he has suffered 50% disability. A claim case was
filed by the claimant/appellant claiming compensation to the
tune of Rs. 73,50,000/- under various heads, inter alia,
pleading that after the accident, the claimant is unable to
perform his day-to-day work.
3. Pleadings of the claimant has, however, been denied by the
respondents-driver, owner and Insurance Company.
4. The Claims Tribunal by the impugned award has awarded a
compensation of Rs. 2,90,100/- to the appellant under various
head such as pain & suffering, special diet and expenses
incurred in the treatment. It is this award which has been
challenged by the appellant in this appeal.
5. Counsel for the appellant submits that:
The Claims Tribunal has erred in law in awarding very
negligible compensation for the injuries sustained by the
claimant.
No amount has been granted under the head "future
treatment". The sum awarded under the head "pain &
suffering' is also on the lower side.
The monthly income assessed by the learned Tribunal is not
as per guidelines.
The learned Tribunal has failed to appreciate that the right
hand of the appellant has been amputated from elbow which
has affected the whole body of appellant, due to which, he is
unable to perform his professional work and earn money,
therefore, learned Tribunal ought to have assessed 100%
disability for assessing compensation.
6. In support of his argument learned counsel for the appellant
placed reliance in the matter of Rajesh Vs. Rajbir Singh
reported in (2013) 9 SCC 54, Vimal Kanwar & Ors. Vs.
Kishore Dan & Ors. reported in (2013) 7 SCC 476.
7. No one appeared on behalf of Respondent Nos. 1 & 2 though
notice has been served.
8. Learned counsel for respondent No.3 supported the
impugned award and submitted that the award of
compensation passed by learned Tribunal is just and proper.
9. Heard counsel for the parties and perused the material
available on record.
10. Admittedly, the claimant/appellant has suffered grievous
injuries and his right hand is amputated from elbow and as
per disability certificate (Ex. P/23) he suffered 50% disability.
11. Learned Tribunal calculated the income of the appellant
Rs. 3,000/- per month and awarded Rs. 2,04,000/- in the head
of loss of income, Rs. 11, 100/- for treatment, Rs. 25,000/- for
special diet and Rs. 50,000/- for pain and suffering.
12. In a motor accident claim case what is important is that the
compensation awarded by the Courts/Tribunals should be just
and proper in the facts and circumstances of the case, it
should neither be meager amount of compensation nor
bonanza. Now, this Court has to examined as to whether the
compensation of Rs. 2,90,100/- awarded by the Tribunal is
just and proper compensation in the given facts and
circumstances of the case.
13. As per Schedule -II of Workman Compensation Act
amputation of right hand disability is calculated as 60%. The
incident took place in the year 2012 and at that time notional
income was calculated as Rs. 4,000/- per month. Thus,
keeping in view the above things, this Court is of the opinion
that amount awarded by the Claims Tribunal is on lower side
and requires reconsideration.
14. Considering the fact that the incident took place in the
year 2012 when notional income was Rs. 4,000/-, the
appellant's monthly income can safely be taken as Rs. 4,000/-
per month i.e. 48,000/- per annum. After deduction of 1/3
amount the annual income is Rs. 32,000/-. Since at the time
in incident appellant was 30 years of age, it is appropriate to
apply multiplication of 17 in the annual income of the
appellant. After applying the multiplication of 17 total
amount is 32,000/- x 17 = 5,44,000/-. Thus, the total income
of the appellant would have been Rs. 5,44,000/-. 60% amount
of total income due to disability comes Rs. 3,31,840/-.
Furthermore, the learned Tribunal did not award any amount
for suffering grievous injures. So, the claimant is entitled for
compensation in the following manner:-
Head Amount awarded Amount enhanced
For loss of amenities, Nil Rs.50,000/-
pleasure of life due
to amputation of
hand
For Medical Expenses Rs.11,100/- Rs.15,000/-
For Future Treatment Nil Nil
For Pain and Rs.50,000/- Rs.50,000/-
Suffering
For Special Diet Rs.25,000/- Rs.25,000/-
For Conveyance Nil Rs.10,000/-
For Loss of income 2,04,000/- Rs.3,31,840/-
due to disability
Total Rs. 2,90,100/- Rs.4,81,840/-
15. On the basis of aforesaid discussion, the claimant/appellant is
held entitled for a total compensation of Rs.4,81,840/-. Since, the
Claims Tribunal has already awarded Rs.2,90,100/-, after deducting
the said amount, the claimant/appellant is entitled for enhanced
amount of Rs.1,91,740/- (4,81,840 - 2,90,100). This additional
amount of compensation shall carry interest @ 9% p.a. from the
date of filing of claim application till realization. The amount
received by the claimant, if any, shall be adjusted in the enhanced
sum.
16. In the result, the appeal is allowed in part and the award
impugned stands modified to the extent indicated above.
Sd/-
(Rajani Dubey)
Judge
V/-
