1 2025:CGHC:28839 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 627 of 2019 1 - Annu Sahu W/o Shri Yogesh Kumar Sahu Aged About 21 Years R/o Navami Vahini Karli, Present Address House No. 250 Jharpara Pumpapur Tahsil Ramanujnagar District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ... Appellant Versus 1 - Satender Singh S/o Ramnandan Aged About 43 Years R/o Ward No. 04 Kirandul Tahsil Bacheli District Dantewada Chhatgtisgarh (Driver Of The Offending Vehicle Truck) Driver, District : Dantewada, Chhattisgarh 2 - Bramha Singh S/o Vijay Singh Aged About 44 Years R/o Mainn Market Kirandul Tahsil Bacheli District Dantewada Chhattisgarh. (Owner Of The Offending Vehicle Truck) Owner, District : Dantewada, Chhattisgarh 3 - Shri Ram General Insurance Company Limited, E - 8 Epip, R I C O Industrial Area, Sitapur Jaipur, Rajasthan 302022, India (Insurer Of The Offending Vehicle Truck) Insurer, District : Jaipur, Rajasthan ... Respondents For Appellant : Mr. A.L. Singroul, Advocate For Respondents : Mr. Utsav Mahiswar, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 30/06/2025 1. This appeal is filed by the appellant seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 31.01.2019 passed by the Motor Accident Claims SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Tribunal, South Baster (Dantewada), District – Dantewada (C.G.) in Claim Case No. 21/2017. 2. Facts of the case in brief are that, on 21.01.2015 at around 02:15 P.M., when the applicant along with her husband namely, Yogesh Kumar Sahu was going to her home at 9th Batallion, Karali in his motorcycle bearing registration no. CG 15 EB 3254, at that time, when they reached near Chitalanka Square, the offending vehicle i.e. Truck bearing registration no. CG 04 JB 2236 driven by the Respondent No. 1 dashed the applicant’s motorcycle from behind and caused accident. In the said accident, applicant suffered serious injuries, she was taken to District Hospital for treatment and thereafter, she was referred to Maharani Hospital, Jagdalpur and Suyash Hospital, Raipur where she took treatment for 03 months. Subsequent to the accident, a crime was registered against the Respondent No. 1 bearing Crime No. 08/2015 at P.S. Dantewada, District – Dantewada for the alleged offences punishable under Sections 279, 337 of the Indian Penal Code, 1860. 3. The applicant/claimant in her claim application have pleaded that on the date of accident, the claimant was aged about 21 years, due to the injuries suffered in the motor vehicular accident, the applicant/claimant suffered permanent disability and therefore, she is facing difficulties in performing her work and needs one attendant to perform day to day work. She claimed a sum of Rs. 20,00,000/- as compensation from the non-applicants. 4. The Non-Applicant No. 2 opposing the submission of the claimant/applicant have submitted his reply before the learned Claims Tribunal and pleaded that the accident occurred due to the mistake of the claimant herself. It is further pleaded that the driver of the offending 3 vehicle was possessing valid and effective driving license. The owner of the offending vehicle was also having valid permit and the vehicle was insured with the Respondent No. 3 on the date of accident. Therefore, the liability to satisfy the amount of compensation is upon the Non-Applicant No. 3. 5. The Non-applicant No. 3 also submitted its reply before the learned Claims Tribunal opposing the submissions of the claimant and the Non- Applicant No. 2 and pleaded that on the date of accident, the driver of the offending Truck was not possessed with valid and effective license as also, there was no valid permit and fitness of the offending vehicle, but Non-applicant No. 2 plied the vehicle which is in breach of conditions of the insurance policy. Therefore, the Non-applicant No. 3 is not liable to satisfy the amount of compensation. 6. The learned Claims Tribunal upon appreciation of facts and evidence brought on record by the parties in the claim application have held the Insurance Company liable to pay the amount of compensation. The learned Claims Tribunal recorded a finding that the claimant/applicant suffered motor accidental injuries due to the said motor vehicular accident, which was not in dispute. Further, the learned Claims Tribunal upon appreciating the disability certificate brought on record have recorded a finding that the applicant suffered permanent disability and awarded a sum of Rs. 2,27,452/- as compensation to the claimant/applicant. 7. Learned counsel for appellant submits that the learned Claims Tribunal erred in awarding meagre amount of compensation overlooking the nature of injuries and the part of the body where the applicant/claimant suffered fracture. He also contended that the learned Claims Tribunal has not 4 awarded against the grievous injury, loss of income during the laid down period, conveyance, special diet and attendant and prays for enhancement of the amount of compensation suitably. 8. On the other hand, learned counsel for the Respondent No. 3 vehemently opposes the submission made by the counsel for the appellant and would submit that the amount of compensation awarded in the facts of the case is just and proper. He submits that there is evidence of permanent disability suffered by the applicant/claimant to the extent of 70%, however, she has not suffered any loss in earning capacity as she was a home maker and therefore, the impugned award does not call for any interference. 9. I have heard learned counsel for the parties and perused the records of the claim case. 10.It is not in dispute that the appellant suffered motor accidental injuries by the offending vehicle driven by the Non-Applicant No. 1, owned by the Non-Applicant No. 2 and insured by the Non-Applicant No. 3. Perusal of the medical document placed on record would show that the appellant, after accident was taken to Primary Health Centre and thereafter, District Hospital, Dantewada and looking to the nature of grievous injuries, she was referred to a higher hospital and taken treatment as inpatient at Suyash Hospital, Raipur from 21.01.2015 to 17.02.2015. The admission Form is filed as Ex. P/12. Further, the applicant took treatment as impatient from 19.03.2015 to 03.04.2015, from 07.04.2015 to 09.04.2015 vide Ex. A/29, from 28.04.2015 to 05.05.2015, from 24.05.2015 to 25.05.2015, from 06.08.2015 to 10.08.2015 and from 14.08.2015 till 16.08.2015 vide Ex. P/39. 5 11.From the aforementioned exhibited documents, it would appear that the appellant took continuous treatment for a long time at Suyash Hospital, Raipur. In view of the treatment taken by the appellant as impatient in Suyash Hospital, Raipur, it would appear that she may not be able to work for about 04 months and she would have also required an attendant/assistance to take care of her for meeting her day to day activities, more so, when the fracture of injury suffered by the applicant/claimant was on her pelvis. The learned Claims Tribunal overlooking the said fact has not awarded any amount of compensation towards the grievous injury, loss of income, conveyance, special diet and attendant for which, in the opinion of this Court, the applicant/claimant is entitled for. 12. In the facts of the case and discussions as observed, I find appropriate to re-compute the amount of compensation. 13.Taking into consideration the aforementioned facts of the case, looking to the nature of injuries suffered i.e. fracture of pelvis, I find it appropriate to award Rs. 25,000/- towards the grievous injury, loss of income for the laid down period i.e. 04 months of Rs. 24,000/- (6,000 X 4), Rs. 15,000/- towards the conveyance expenses, Rs. 10,000/- towards special diet and Rs. 18,000/- towards the attendant. Apart from the aforementioned compensation, the claimant/appellant will be entitled for an amount of Rs. 2,07,452/- towards the medical expenses and Rs. 20,000/- towards the pains and sufferings as awarded by the learned Claims Tribunal. 14.Now, the appellant/claimant will be entitled for the total amount of compensation which is as under:- 6 • Rs. 3,19,452/- [2,07,452 (medical expenses) + 10,000 (special diet) + 18,000 (attendant) + 15,000 (conveyance expenses) + 20,000 (pains and sufferings) + 24,000 (loss of income during laid down period) + 25,000 (grievous injury)} 15.This enhanced amount of compensation shall carry interest @ 9% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 16.Any amount already paid to Claimants/Appellant as compensation shall be adjusted from the total amount of compensation as calculated above. 17.In the result, the appeal is allowed in part and the impugned award stands modified to the extent indicated above. 18.Certified copy as per rules. Sd/-/--/-/--------/--/- (Parth Prateem Sahu) Judge Dey