1 2025:CGHC:18334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1415 of 2019 United India Insurance Company Limited Through its Branch Manager, Branch Office in front of State Bank of India, Station Road, Durg Tahsil and District Durg Chhattisgarh ... Appellant versus 1 - Bhuwanlal Thakur, S/o Tebhuram Thakur, aged about 47 years, R/o Village and P S Parpodi , Tahsil and District Bemetara Chhattisgarh…………………………………………………………..(Claimant) 2 - Ramadhar Verma, S/o Kejuram Verma, R/o Village Banjarpur, (Bhatgaon), PS- Parpodi, District Bemetara Chhattisgarh.........(Driver) 3 - Sandeep Bakshi, R/o Near Laxminarayan Mandir, Polsaipara, Durg, Tahsil and District Durg Chhattisgarh..........……………..(Owner) ---- Respondents For Appellant : Mr. Dashrath Gupta, Advocate. For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (23.04.2025) 1. This appeal arises out of the award dated 26.03.2019 passed by 1st Additional Motor Accident Claims Tribunal, Durg (C.G.), in Claim Case No. 39/2017 awarding compensation of Rs.11,37,610/- with interest @ 6% per annum, in favour of the claimant/Respondent No.1 Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.29 14:28:22 +0530 2 for his irreparable loss. 2. The averment in the claim petition, is that on 07.11.2016, injured/claimant Bhuwanlal Thakur was coming from Saja to his village by his motorcycle and when he reached near village Bhatgaon, Driver/Respondent No.2 driving the vehicle (Bolero) bearing registration No. CG-07-AB-8059 (the offending vehicle) rashly and negligently and dashed the motorcycle of claimant Bhuwanlal, due to which the claimant sustained fracture on his right leg tibia fibula bone and also sustained injuries on other parts of his body and he was admitted in hospital. The matter was reported to the concerned Police Station based on which offence was registered. 3. It is stated that the injured was Patwari and was earning Rs. 31,600/- per month from his job. Due to said accident, there is an irreparable loss to the injured/claimant. Therefore, the claimant had preferred an application under Section 166 of the MV Act before the Tribunal claiming compensation to the tune of Rs. 16,05,000/-. 4. The Claims Tribunal, after considering the evidence and documents available on record, awarded compensation in the following manner: S.No. Heads Calculation 01 Towards medical expenses Rs. 6,60,602/- 02 Towards nutritious food Rs. 50,000/- 03 Towards attendant Rs. 27,000/- 04 Towards physical agony due to grievous injury Rs. 1,00,000/- 05 Towards mental trauma Rs. 3,00,000/- Total 11,37,602/- 3 Thus, total compensation of Rs.11,37,602/- in round figure 11,37,610/- has been awarded by the Claims Tribunal in favour of the claimant/Respondent No.1 with interest @ 6% per annum, from the date of application till its realization and fastened the liability upon insurance company. Hence, this appeal has been filed by the Appellant/Insurance Company for reduction of the compensation amount. 5. Learned Counsel appearing for the Appellant/Insurance Company submits that the amount of compensation awarded by the Claims Tribunal is on higher side. He further submits that the Claims Tribunal wrongly awarded Rs.3,00,000/- towards mental trauma which is liable to be set aside. In view of the matter, as the Claims Tribunal has already awarded Rs.1,00,000/- for physical agony due to grievous injury, therefore, Rs.3,00,000/- towards mental trauma liable to be reduced from the awarded amount. 6. No one appeared on behalf of the Respondents. 7. Heard learned counsel appearing for the Appellant and perused the record. 8. In a motor accident claim case, what 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 4 nor a Bonanza. 9. Now, this Court shall examine as to whether the compensation awarded by the Claims Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. The main contention of learned Counsel appearing for the Appellant is that the Claims Tribunal wrongly awarded Rs.3,00,000/- towards mental trauma although the Claims Tribunal has already awarded Rs.1,00,000/- for physical agony due to grievous injury which should be included in the head of mental trauma. 11. Dr. R.K. Nayak (AW-3) has been examined before the Tribunal, as per his statement, injured/claimant Bhuwanlal Thakur suffered 20% disability and his leg became three inches shorter due to the accident. 12. The Claims Tribunal on a close scrutiny of facts and evidence brought on record, in paragraph 22 of its award discussed that the injured has sustained a permanent disability, resulting in a physical deformity due to a shortening of his right leg by three inches. As a consequence, he will face a lifelong impediment in performing physical activities like a healthy individual. The injured/claimant is employed as a Patwari, whose duties include conducting land measurements in rural areas—a task which will now be difficult for him to perform. This 5 condition is also likely to adversely affect his mental state. Therefore, it appears just and proper that the injured/claimant be awarded a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) as compensation for the mental trauma suffered. 13. In considered opinion of this Court, since the injured/claimant was a Patwari, there was no loss in his income but, his right leg got shortened by 3 inches due to the accident, therefore, looking to the facts and circumstances of the case, the Claims Tribunal has rightly given Rs.3,00,000/- to the injured/claimant towards mental trauma. 14. Accordingly, this Court does not find any ground for reduction of the compensation as awarded by the Claims Tribunal. Hence, the appeal being devoid of merit deserves to be and is accordingly dismissed. 15. Records of the Tribunal along with a copy of this order be sent back forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham