[Cites 1, Cited by 0]
Chattisgarh High Court
Rupsingh Netam vs Mohd. Javed Khan on 8 April, 2026
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
1
2026:CGHC:16176
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1373 of 2019
1 - Rupsingh Netam S/o Late Nakulram Netam Aged About 35 Years R/o
- Durga Chowk, Santoshi Nagar, Police Station - Tikrapara, District -
Raipur (C.G.),
... Appellant
versus
1 - Mohd. Javed Khan S/o Sakil Khan Aged About 30 Years R/o - Ward
No. 1, Behind The Police Station, Gariyaband, Police Station And District
- Gariyaband (C.G.), (Non-Applicant No.1) (Driver of vehicle Bus
bearing registration No. CG/05/C/5331)
2 - Sahil Khan S/o Shakil Khan Aged About 26 Years R/o - Ward No. 1,
Behind The Police Station, Gariyaband, Police Station And District -
Gariyaband (C.G.), (Non-Applicant No.2) (Registered owner of vehicle
bus bearing registration No.CG/05/C/5331)
3 - The H.D.F.C. General Insurance Company Limited Through Branch
Manager, Branch Office, Second Floor, Pujari Complex, Pachpedi Naka,
Raipur, Tahsil And District - Raipur (C.G.), (Non-Applicant No.3)
(Insurer of vehicle bus bearing registration No.CG/05/C/5331)
... Respondent(s)
Digitally
signed by
KRISHNA
KRISHNA KUMAR
KUMAR BARVE
BARVE Date:
2026.04.09
15:58:52
+0530
For Appellant(s) : Miss Pooja Yadav appears on behalf of Mr.
Shivendu Pandya, Advocate.
For Respondent : Shri S.K. Kushwaha, Advocate.
No.3
(Single Bench)
Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board
08/04/2026
1. The appellant/claimant has preferred this Appeal under Section 173
of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') calling
in question the legality, validity and correctness of the award dated
25.10.2017 passed by the 3rd Additional Motor Accident Claims
Tribunal, Raipur to the Court of 1 st Additional Motor Accident
Claims Tribunal, Raipur (for short 'the Claims Tribunal') in Claim
Case No.550/2016 by which liability to pay compensation of
Rs.4,69,294/- has been fastened on the Insurance Company. In the
present Appeal, the appellant/claimant has prayed for enhancement
of the compensation amount.
2. Miss Pooja Yadav, learned counsel for the appellant/claimant would
submit that the injured has suffered permanent disability of 55%
vide certificate issued by the Medical Board Gariyaband (Ex.-P/1),
which has been proved by Dr. G.S. Dhruv (PW-1), member of the
Medical Board, Government Hospital, Gariyaband and, therefore,
the impugned award may be modified by taking permanent
disability as 40%.
3. On the other hand, Mr. S.K. Kushwaha, learned counsel for
respondent No.3 would support the impugned award.
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 instant case, the Claims Tribunal has assessed the disability of
the injured as 20%, whereas Dr. G.S. Dhruv (PW-1), who has
examined the injured, has stated that the injured would continue to
suffer 50% permanent disability in future. Considering the facts
and circumstances of the case and in view of the evidence of Dr.
G.S. Dhruv (PW-1), it would be appropriate to enhance award
amount by taking permanent disability as 40%. As such, the
claimant will be entitled for the following compensation as
computed by this Court:-
Sr. No. Heads Compensation Compensation
awarded by the awarded by this
Tribunal Court
1. Loss of Income Rs.6,000/- (20% Rs.6,549/- x 12 =
of disability taken Rs.78,588/-,
by the Tribunal) Rs.78,588/- x 40%
=Rs.6,000/- x 12 (disability) =
=Rs.72,000/- x Rs.31,435/- x 40%
20% = 14,400 x (future prospect) =
15 = 2,16,000/- Rs.12,574/-
Rs.31,435/- +
Rs.12,574/- =
Rs.44,009/- x 15 =
Rs.6,60,135/-
2. Loss of income during - Rs.39,294/-
treatment
3. Medical bill Rs.1,58,294/- Rs.1,58,294/-
4. Pain & Suffering Rs.25,000/- Rs.50,000/-
5. Special diet, Rs.25,000/- Rs.25,000/-
transportation & Misc.
expenses
6. Attendant Rs.5,000/- Rs.20,000/-
7. Future medical Rs.20,000/- Rs.30,000/-
treatment
8. Loss of life Rs.20,000/- Rs.40,000/-
expectancy
Total Rs.4,69, 294/- Rs.10,22,723/-
6. In view of the aforesaid analysis, the amount of compensation of
₹4,69,294/- awarded by the Claims Tribunal is enhanced to
₹10,22,723/-. Hence, after deducting the amount of ₹4,69,294/-, the
claimant is held to be entitled to an additional amount of ₹5,53,
429/-. The Insurance Company is directed to deposit the amount of
compensation within a period of three months from the date of
receipt of copy of this order. The additional amount of
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.
7. With the aforesaid modifications, the Appeal is disposed of.
Sd/-
(Sanjay K. Agrawal)
Judge
Barve
