Chattisgarh High Court
Shailendra Kumar Sahu vs Umashankar Pandey on 24 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 187 of 2018
Judgment reserved on : 17/11/2022
Judgment delivered on : 24/02/2023
Shailendra Kumar Sahu, S/o Kashiram Sahu, Aged About 38
Years, R/o Mohalla Gandhinagar, Ward No.02, P.S. Ratanpur,
District- Bilaspur, Chhattisgarh.
---- Appellant
Versus
1. Umashankar Pandey, S/o Tarunendra Shekhar Pandey, Aged
About 29 Years, R/o Mohalla Mahamayapara, Ratanpur, P.S.
Ratanpur, District- Bilaspur (Chhattisgarh) (Driver Of Offending
Vehicle Hero Honda Bearing Registration CG/10/BC/6957).
2. Tarunendra Shekhar Pandey, S/o Late Kamla Prasad Pandey,
R/o Mohalla Mahamayapara, Ratanpur, P.S. Ratanpur, District-
Bilaspur (Chhattisgarh) (Owner of Offending Vehicle Hero
Honda Bearing Registration CG/10/BC/6957)
3. United India Insurance Company Ltd. Through Divisional
Manager, Office of Opposite of Tata Showroom, Vyapar Vihar
Road, Bilapsur, District Bilapsur (Chhattisgarh) (Insurer of
Offending Vehicle Hero Honda Bearing Registration
CG/10/BC/6957)
---- Respondents
For Appellant : Shri Pradeep Kumar Jogi, Advocate
For Respondents No. 1 & 2 : Shri Nitansh Jaiswal, Advocate
For Respondent No.3 : Shri Dashrath Gupta, Advocate
Hon'ble Smt. Justice Rajani Dubey
CAV Judgment
1. The Miscellaneous Appeal has been preferred by the
Claimant/appellant under Section 173 of the Motor Vehicles Act,
1988 (hereinafter referred to as 'the Act of 1988') questioning the
legality and propriety of the award dated 30.10.2017 passed by
the learned 7th Upper Motor Accident Claims Tribunal, Bilaspur,
District- Bilaspur (C.G.) in Claim Case No.592/2015, whereby the
learned Tribunal while allowing the claim in part has awarded the
total amount of compensation to the tune of Rs.69,947/- with
interest @ 8% per annum, in favour of the appellant/claimant.
2. Briefly stated the facts of the case are that on 27.09.2015 at
about 9:30 P.M., the appellant/claimant was going by his bicycle
from the house to his shop at Bheem Chowk, Ratanpur and
when he reached at main road Ratanpur, at that time, the
offending vehicle Hero Honda bearing registration No.
CG/10/BC/6957 being ridden by respondent No.1 rashly and
negligently dashed the appellant from the back side, due to
which, claimant/appellant sustained grievous injuries, particularly
on his left leg and below his right leg and other different parts of
the body. Report regarding the alleged accident was lodged at
Police Station- Ratanpur based upon which crime bearing
No.215/2015 under sections 279, 337 and 338 of IPC was
registered against respondent No.1-driver.
3. On account of aforesaid accident, the appellant/claimant
instituted a claim petition under section 166 of the Act of 1988 by
submitting inter alia that at the time of the accident, the claimant,
a 38 years old, was taking care of himself and his family by
earning an income of Rs.10,000/- per month. At the time of
accident, according to Policy No.2704003114P.106679491, from
23.11.2014 to 22.11.2015, comprehensive insurance has been
done by respondent No.3 covering all types of risk arising out of
the said vehicle, which covers the risk of the accident dated
27.09.2015. Therefore, total amount of compensation to the
tune of Rs.4,46,000/- has been claimed under various heads.
4. Learned Claims Tribunal after appreciating oral and documentary
evidence awarded a sum of Rs. 69,947/-. Hence, this appeal
filed by the claimant.
5. Learned counsel for the appellant/claimant submits that the
learned Tribunal has awarded very less amount of compensation
in the head of loss of income without taking into consideration
the nature of injuries on the body of the claimant and its future
affects. It is further submitted that the Tribunal has committed an
illegality in assessing the monthly income of the claimant only to
the tune of Rs.10,000/- and thereby erred in awarding a meagre
amount of compensation even without considering the future
prospects of his income, therefore, the impugned award
deserves to be enhanced. Reliance has been placed on
judgment rendered by Hon'ble Supreme Court in the matters of
Mekala Vs. M. Malathi & Anr. reported in (2014) 11 SCC 178 &
Rekha Jain Vs. National Insurance Company Ltd. and others
reported in (2013) 8 SCC 389.
6. Learned counsel for the respondents supports the impugned
award.
7. Heard counsel for the parties and perused the material available
on record.
8. Learned Claims Tribunal found that the accident occurred due to
rash and negligent riding of respondent No.1 and
appellant/claimant suffered grievous injuries but
appellant/claimant did not file any disability certificate before
Claims Tribunal and did not produce any oral and documentary
evidence on this behalf that due to accident he has suffered any
disability. Thus, in absence of any documentary evidence
regarding permanent disability of the claimant, the Tribunal was
justified in not awarding any amount under this head as also
towards loss of future income. However, considering the nature
of injuries sustained by the claimant, the period of his
hospitalization i.e. from 27.09.2015 to 30.09.2015 in CIMS
hospital, Bilaspur and 01.10.2015 to 10.10.2015 in Shriram Care
Hospital, Bilaspur, the medical documents including the receipts
filed by the claimant, the fact that the claimant suffered fracture
and his leg was operated upon twice, this Court is of the opinion
that the amount awarded by the Tribunal towards medical
expenses, pain and suffering, special diet and conveyance are
on the lower side and need to be enhanced suitably. Thus, in the
given facts and circumstances of the case and the evidence
available on record, the claimant is held entitle for compensation
in the following manner:-
S.No. Particular Awarded by the Awarded by this
Tribunal Court
1. Medical Expenses 37,947/- 50,000/-
2. For Pain and 10,000/- 50,000/-
Suffering
3. For Special Diet 5,000/- 25,000/-
4. For Conveyance 5,000/- 15,000/-
5. For Attendant Nil 10,000/-
5. For Loss of income 12,000/- 12,000/-
during treatment for
two months @
Rs.6,000/- P.M.
6. Loss of Future Nil Nil
Income
Total 69,947/- 1,62,000/-
9. On the basis of aforesaid discussion, the claimant/appellant is
held entitled for a total compensation of Rs.1,62,000/-. Since, the
Claims Tribunal has already awarded Rs.69,947/-, after
deducting the said amount, the claimant/appellant is entitled for
enhanced amount of Rs.92,053/-. This additional amount of
compensation shall carry interest @ 9% p.a. from the date of
filing of claim application till realization.
10. In the result, the appeal is allowed in part and the award
impugned stands modified to the extent indicated above.
Sd/-
(Rajani Dubey)
Judge
Ruchi
