Mohd. Aziz vs Saroj Kumar Sahu
2026 Latest Caselaw 179 Chatt

Citation : 2026 Latest Caselaw 179 Chatt
Judgement Date : 27 February, 2026

[Cites 1, Cited by 0]

Chattisgarh High Court

Mohd. Aziz vs Saroj Kumar Sahu on 27 February, 2026

                                  1




                                                 2026:CGHC:10190
                                                             NAFR
         HIGH COURT OF CHHATTISGARH AT BILASPUR

                       MAC No. 527 of 2022

   Mohd. Aziz S/o Nizamuddin Aged About 25 Years Caste- Muslim,
    R/o Village - Satpata, Police Station- Bishrampur, Tahsil And
    District - Surajpur (C.G.)
                                                 ... Appellant(s)

                               versus

  1. Saroj Kumar Sahu S/o Rajpal Sahu Aged About 29 Years R/o
     Village - Pampapur, Police Station - Surajpur, Tahsil -
     Ramanujnagar,        District      Surajpur        (C.G.)

  2. Manoj Kumar Sahu S/o Rajpal Sahu, Aged About 32 Years R/o
     Village - Pampapur, Police Station - Surajpur, Tahsil -
     Ramanujnagar, District Surajpur (C.G.)
                                             ... Respondent(s)

For Appellant : Ms. A. Sandhya Rao, Adv. on behalf of Mr. Shahid Ahmed Ansari, Adv.

     For Respondents         : Mr. Anil Gulati, Adv.

                Hon'ble Shri Justice Rakesh Mohan Pandey

                          Order On Board

27.2.2026

1) It is an admitted appeal. With the consent of parties, matter is

heard finally.

2) Appellant/ claimant has filed this appeal under Section 173 of MV

Act assailing the award passed by learned Second Additional

Motor Accident Claims Tribunal, Surajpur (C.G.) in Claim Case

No. 10/2017 dated 7.12.2018 whereby the learned Tribunal

awarded Rs. 1,10,422/- with interest @ 9% p.a. from date of

application till its realization and fastened the liability on owner

and driver of offending vehicle.

3) Facts of the present case are that on 23.8.2016, appellant was

riding on motorcycle along with one Pradeep Patel as pillion rider

and when they were passing through Amagaon Jungle at 16:30

hrs., the offending vehicle - Car bearing registration No. CG-04-

C-9900 being driven in rash and negligent manner, dashed the

motorcycle. In the accident, appellant sustained serious injuries

including fracture over femur bone of right leg and injury over right

wrist. Appellant himself filed claim case claiming therein

compensation to the tune of Rs. 14,20,000/-. He pleaded that he

used to earn Rs. 25,000/- per month working as private mechanic

under SECL. Owner and driver of offending vehicle filed reply and

pleaded that accident occurred on account of negligence on the

part of driver of motorcycle. Learned Tribunal framed issues ;

parties led evidence and thereafter award impugned was passed.

4) Learned counsel for the appellant submits that appellant suffered

permanent disability to the extent of 60% but learned Tribunal

failed to consider the disability certificate and awarded meager

amounts for pain and suffering, attendant charges and

transportation. She further submits that learned Tribunal has

assessed the notional income of deceased to be Rs. 4,500/- per

month which is at lower side. She prays to enhance the

compensation accordingly.

5) On the other hand, learned counsel appearing for the respondents

submits that claimant did not sustain permanent disability and

failed to examine the treating doctor to prove seriousness of

injuries. He contends that matter was settled before National Lok

Adalat on 14.5.2022 and respondents have made payment of

entire award amount along with interest part. He argues that

learned Tribunal has awarded just and proper compensation and

there is no scope for interference.

6) Heard learned counsel for the parties and perused the record with

utmost circumspection.

7) It is not in dispute that offending vehicle was not insured, therefore

Tribunal fastened liability on owner and driver. Appellant suffered

fracture over femur bone of right leg and injury over right wrist. A

careful perusal of record would reveal that appellant placed on

record medical documents including reports, bills and

prescriptions but failed to examine treating doctor to prove the

seriousness of injuries. Also, no disability certificate was exhibited

before the learned Tribunal and plea of permanent disability has

been taken for the first time before this Court.

8) Learned Tribunal has passed following award :-

     Sr.   Heads                          Compensation      awarded
     No.                                  by Tribunal
     1.    Loss of earning                Rs. 13,500/-
           (three months)                 (@Rs. 4,500/- pm)
     2.    Attendant Charges              Rs. 13,500/-

     3.    Medical Bills                  Rs. 63,422/-

     4.    Pain and suffering             Rs. 10,000/-

     5.    Transportation and Special     Rs. 10,000/-
           Diet
           TOTAL                          Rs. 1,10,422/-

9) A careful perusal of award would reveal that learned Tribunal has

awarded Rs. 13,500/- towards loss of earning ; Rs. 10,000/-

towards pain and suffering ; Rs. 10,000/- towards special diet and

transportation and Rs. 13,500/- towards attendant charges.

Learned Tribunal also honored the medical bills submitted by

appellant. Thus, in total Rs. 1,10,422/- has been awarded by the

Tribunal. In my opinion, learned Tribunal has awarded appropriate

compensation under these heads.

10) Respondents have placed on record a covering memo which

contains certified copy of compromise arrived at between the

parties. This document clearly establishes that matter was settled

between the parties before National Lok Adalat on 14.5.2022 and