Akash Banjare vs Baldeshwar Sahu
2025 Latest Caselaw 3934 Chatt

Chattisgarh High Court

Akash Banjare vs Baldeshwar Sahu on 24 April, 2025

                                                                 1




          Digitally signed


                                                                                  2025:CGHC:18616
          by SOURABH
SOURABH PATEL
PATEL   Date:
        2025.04.26
          11:51:50 +0530



                                                                                                NAFR
                                     HIGH COURT OF CHHATTISGARH AT BILASPUR
                                                     MAC No. 1354 of 2018


                               1. Akash Banjare S/o Shri Ramlal Banjare, Aged About 12 Years
                                  (Minor), Through His Natural Guardian Father Shri Ramlal
                                  Banjare S/o Shri Maksudan Banjare, R/o Adhari Nawagaon
                                  Dhamtari, District Dhamtari C.G. (Claimant).
                                                                                           ... Appellant
                                                              versus


                               1. Baldeshwar Sahu S/o Shri Punit Ram, Aged About 27 Years
                                  R/o Bhendra, Post Bhakhara, Police Station Bhakhara, District
                                  Dhamtari C.G. (Driver).
                               2. Pokhan Lal Sinha S/o Shri Makhan Lal Sinha, R/o Village
                                  Ranwa, Police Station Arjuni, District Dhamtari C.G. (Owner).
                               3. Branch Manager The Oriental Insurance Company Limited,
                                  Branch   Office,   Nearby    Amar    Talkies,     Dhamtari,   District
                                  Dhamtari (Wrongly Mentioned As Raipur) C.G.
                                                                                       ... Respondents


                             For Appellant              :     Mr. G.V.Kutumba Rao, Advocate.
                             For Respondents No. 3      :     Mr. Akash Shrivastava, Adv. on behalf
                                                              of Mr. R.N. Pusty, Adv.
                             For Respondents No. 1 & 2 :      None.



                                       Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.

Order on Board (24.04.2025)

1. This is the claimant's appeal against the award dated 27.04.2018 passed by the Additional Motor Accident Claims Tribunal,

Dhamtari, District-Dhamtari (C.G.) in Claim Case No. 78/2013 whereby a compensation amount of Rs. 98,934/- has been awarded in favour of the claimant.

2. As against the compensation of Rs.9,50,000/- claimed by the claimant/appellant by filing claim application under Section 166 and 140 of the Motor Vehicles Act, 1994 (for short 'the Act') for injuries sustained in the motor accident on 02.03.2013, the Tribunal awarded a total sum of Rs.98,934/- as compensation along with interest @ 6% per annum from the date of claim application till its realisation.

3. The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to rash and negligent driving of metador bearing registration No. CG-04-J-3075 by its driver Baldeshwar Sahu - respondent No.1 herein; appellant Akash Banjare sustained injuries on his body in the accident; the tribunal on the basis of evidence a total sum of Rs. 98,934/- has awarded as compensation. Hence, the appeal for enhancement.

4. Learned counsel appearing for the appellant submits that the impugned judgment/award dated 27.04.2018 is not proper and liable to be enhanced in the given facts and circumstances of the case. He further submits that the amount awarded towards attendant is on the lower side and the same is liable to be enhanced. He next submits that on the head of future treatment, no amount has been awarded, therefore, the appeal may be allowed and be enhanced suitably.

5. Learned counsel for respondent No. 3 supported the impugned award and submitted that the compensation awarded by the Tribunal is based on the proper appreciation of the material available on record and does not call for any interference.

6. I have heard learned counsel appearing for the respondent and perused the record of the Tribunal, including award impugned.

7. In the case in hand, before the claims Tribunal, due to the accident the appellant suffered simple injuries in his face and left leg and has undergone treatment in Government Hospital

Dhamtari and was admitted in the hospital for only four days. There is no evidence on record to show that the appellant sufferred grievous injuries in the said accident and even the treating doctor has not been examined. Considering the injuries sustained by the appellant, learned Claims Tribunal has awarded Rs.34,014/- towards medical expenses, Rs. 4,920/- towards attendant, Rs.10,000/- towards nutritious food and transportation and Rs. 50,000/- towards physical and mental suffering. Thus, a total compensation of Rs. 98,934/- with interest @ 6% has been awarded by the claims Tribunal. Thus, the finding of the Tribunal is based on the proper appreciation of the oral as well as documentary evidence available on record in which no interference is required.

8. Accordingly, the appeal of the appellant is hereby dismissed.

Sd/-

Sanjay Kumar Jaiswal Judge

Sourabh P.