[Cites 4, Cited by 0]
Chattisgarh High Court
Devari Lal vs Smt. Seeta Soni on 1 April, 2026
1
Digitally 2026:CGHC:15032
SAIFAN signed
by
KHAN SAIFAN NAFR
KHAN
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 723 of 2019
Devari Lal S/o Chamaru Yadav Aged About 42 Years R/o Village Chepa
Thana And Tahsil Pali District Korba Chhattisgarh, District : Korba,
Chhattisgarh
... Appellant
Versus
1 - Smt. Seeta Soni W/o Rajendra Soni Aged About 30 Years R/o
Kotami Sonar District Janjgir Champa Chhattisgarh .............(Driver Of
The Offending Vehicle Bus C G 16/a./1194), District : Janjgir-Champa,
Chhattisgarh
2 - Branch Manager The Oriental Insurance Company Limited, Branch
Office- 2nd Floor In Front Of Rajeev Plaza Bilaspur District Bilaspur
Chhattisgarh .............(Insurer Of The Offending Vehicle Bus C G
16/a./1194), District : Bilaspur, Chhattisgarh
... Respondents
[Cause-title taken from Case Information System (CIS)]
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For Appellant : Mr. A L Singroul, Advocate
For Respondent No.1 : None.
For Respondent No.2 : Mr. RN Pusty, Advocate
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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal
(Order on Board)
01.04.2025
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short the "Act of 1988") has been preferred by the appellant/claimant
seeking enhancement of amount of compensation, challenging the
impugned award dt. 18.01.2019, whereby learned Claims Tribunal has
awarded a total sum of Rs.4,20,000/- as compensation for the injuries
sustained by the appellant in the accident occurred on 31.01.2014.
2. Learned counsel for the appellant would submit that learned
Claims Tribunal has erred in awarding less amount of compensation in
the facts of the case. Claims Tribunal erred in not assessing the income
of the appellant, neither amount towards medical expenses nor for
future prospects has been awarded and only a lumsum amount of
Rs.4,20,000/- as compensation has been awarded to the claimant.
Therefore, the instant appeal be allowed and the compensation
awarded by the Claims Tribunal may suitably be enhanced.
3. Learned counsel for the respondent would submit that the
appellant have failed to prove nature of occupation and income by
producing clinching and admissible piece of evidence, hence, the
Tribunal is justified in assessing income of the appellant on notional
basis. The amount of compensation awarded by the Claims Tribunal is
just and proper which does not call for any interference.
4. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and went through the records with
utmost circumspection.
5. In the case at hand, since the appellant has suffered severe
injuries in the accident in question and, due to which, he also suffered
disability to the extent of 80%, it appears that the learned Claims
tribunal has awarded less amount of compensation under the facts of
the present case and, in the considered opinion of this Court, the same
is liable to be enhanced.
6. Thus, in light of the aforesaid discussion and in light of the
judgments of the Supreme Court rendered in the matters of National
Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs.
Delhi Transport Corporation & Ors2 and Magma General Insurance
Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3, this Court is computing
the compensation as below:-
Sr. Heads Compensation Compensation
No. awarded by the awarded by this
Tribunal Court
1. Loss of Income NIL Rs.6000 PM
2. Future prospects Nil 25% i.e. Rs.6000
+ Rs.1,500 =
Rs.7,500/- x 12 =
Rs.90,000/- PA
3. Multiplier NIL 14 X Rs.90,000/-
= Rs.12,60,000/- x
80% (disability) =
Rs.10,08,000/-
4. Medical Expenses Nil (+) Rs.50,620/-
5. Pain and suffering NIl (+) Rs.25,000/-
Total Rs.4,20,000/- Rs.10,83,620/-
(lumpsum)
7. In view of the aforesaid analysis, the amount of compensation of
Rs.4,2,000/- awarded by the Claims Tribunal is enhanced to
Rs.10,83,620/-. Hence, after deducting the amount of Rs.4,20,000/-, the
appellant is held entitled for an additional amount of Rs.6,63,620/-. The
concerned respondent is directed to deposit the amount of
compensation as enhanced by this Court within a period of 45 days
from the date of receipt of copy of this order. The additional amount of
1 (2017) 16 SCC 680
2 (2009) 6 SCC 121
3 (2018) 18 SCC 130
compensation shall carry interest @ 6% 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.
8. Accordingly, this appeal is allowed in part and the impugned
award is modified to the extent as indicated herein-above.
sd/-
(Sanjay K. Agrawal)
Judge
s@if
