1 2025:CGHC:27765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 980 of 2017 Anand Kumar S/o Pooran Singh Aged About 30 Years R/o Village Rahadih Tahsil And P.S. Pali District Korba, Chhattisgarh ... Appellant versus 1 - Shailendra Paswan S/o Late Ram Chandra Paswan Aged About 35 Years R/o Tower Mohalla Pali Tahsil Pali, District Korba, Chhattisgarh (Driver Of The Vehicle) 2 - Vimla Sharma W/o N.K. Sharma R/o Somwari Bazar Deepaka P.S. Deepaka Tahsil Katghora District Korba, Chhattisgarh (Owner Of The Vehicle). 3 - The Shri Ram General Insurance Company Limited, Through Branch Manager Office Plot No. 1, Fourth Floor Maruti Heights Behind R.K. Mall G.E. Raod Raipur, District Raipur, Chhattisgarh (Insurer). ... Respondents (Cause-title taken from Case Information System) For Appellant : Mr. Karan K. Bahrani, Advocate on behalf of Mr. Pravin Kumar Tulsyan, Advocate For Respondents No.1 and 2 : None For Respondent No.3 : Mr. Saurabh Gupta, Advocate on behalf of Mr. Sourabh Sharma, Advocate YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.06.30 19:03:57 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 25.06.2025 1. This appeal has been filed by the appellant/claimant being aggrieved by the impugned award dated 13.04.2017 passed by Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) (hereinafter referred to as 'Claims Tribunal') in Motor Accident Claim No.153/2014, whereby learned Claims Tribunal has awarded total amount of compensation of Rs.1,33,170/- with interest @ 7% per annum from the date of claim application till its realization. 2. Brief facts relevant for disposal of this appeal, are that on 26.08.2014, at about 9.30 PM, the appellant was standing near Rahadih Barrier, at that relevant time, one Trailer bearing registration No.CG-04/JB/3398 (hereinafter referred to as “offending vehicle”) driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3, dashed the appellant, due to which, he sustained grievous injuries over his person and he was taken to Care N Cure Hospital, Bilaspur. The matter was reported to the Police Station Pali against respondent No.1. 3. After recovering from injuries, claimant filed a claim application before the Claims Tribunal claiming Rs.8,75,000/- as compensation against injuries suffered by him in motor accident. 3 4. Non-applicants No. 1 and 2 were proceeded ex-parte before the learned Claims Tribunal. 5. Non-applicant No.3/Insurance Company submitted its reply to claim application and denied the claim while pleading that the appellant has not produced any document with regard to his medical treatment. It was further pleaded that the driver of the offending vehicle has not possessed valid and effective driving licence and permit, therefore, there was violation of conditions of insurance policy and as such, Insurance Company was not liable to pay any amount of compensation. 6. On appreciation of pleadings and evidence placed on record by respective parties, learned Claims Tribunal awarded a total sum of Rs.1,33,170/- along with interest @ 7% per annum from the date of filing of claim application till its realization. 7. Learned counsel for the appellant/claimant submits that the learned Claims Tribunal committed an error in awarding the meagre amount of compensation in the given facts and circumstances of the case. He further submits that the claimant had suffered severe injuries in the accident, for which, he has hospitalized for 8-9 days, as such, he prays for enhancement of the amount of compensation suitably. 8. On the other hand, learned counsel for the Insurance Company/respondent No.3 supported the impugned award passed by the Claims Tribunal and submits that after appreciating 4 the facts and circumstances of the case, learned Claims Tribunal has rightly awarded the amount of the compensation to the claimant, which does not warrant any interference. 9. I have heard learned counsel appearing for parties and perused the record carefully. 10. The Claims Tribunal, after considering the evidence adduced by the claimant, which was not rebutted by the non-applicants therein and further considering the medical bills, though it appropriate to award Rs.1,06,170/- towards treatment and medicines and Rs.20,000/- towards pain and suffering. This apart, the Claims Tribunal also awarded a sum of Rs.7,000/- towards loss of earning for some days (more than a month) taking into account his monthly salary of Rs.6,000/- while doing the work of cook. Thus, the Claims Tribunal awarded a total compensation of Rs.1,33,170/- to the appellant/claimant. 11. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 12. Now, this Court shall examine as to whether the compensation of Rs.1,33,170/- awarded by the learned Claims Tribunal is just and proper compensation in the facts and circumstances of the present case. 5 13. Admittedly, in an vehicular accident that had taken place on 26.08.2014, the appellant/claimant sustained grievous injures on his person. Looking to the grievous injuries, he was taken to Care n Cure Hospital, Bilaspur where he was given treatment. It is also pertinent to mention here that the evidence in this regard adduced by the claimant has not been rebutted. The Claims Tribunal, considering the evidence, oral and documentary as also material available on record and also looking to the nature and number of injuries, awarded Rs.20,000/- towards pain and suffering, which in the considered opinion of this Court, is on lower side. During the course of treatment, it cannot also be discarded that the claimant must have suffered pain and agony arising out of grievous injuries sustained by him and must have remained out of employment. 14. Considering the facts and circumstances of the case, the nature and number of injuries sustained by the claimant/inured, the period of his hospitalization, during which period, he had to undergo continuous treatment, further considering the fact that during treatment of claimant, he suffered severe mental agony and pain arising out of grievous injuries, the expenses incurred by him during the course of treatment and the unrebutted evidence adduced in support thereof, this Court is of the opinion that the claimant/appellant is entitled for an additional lump-sum amount of Rs.15,000/- for the injuries suffered by him in the accident, which would meet the ends of justice. 6 15. In addition to the amount of compensation already awarded by the Claims Tribunal, i.e., Rs.1,33,170/-, the appellant/claimant is held entitled for an additional compensation of Rs.15,000/- with interest at 7% per annum from the date of filing of claim application till its realization, as held by the Claims Tribunal. However, rest of the conditions of the impugned award shall remain unchanged. 16. With the above observation and modification, the appeal stands allowed in part. No order as to costs. 17. Record of the concerned Motor Accident Claims Tribunal be sent. Sd/- (Amitendra Kishore Prasad) Judge Yogesh