1 2025:CGHC:21653 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1253 of 2019 Shivmangal Ram S/o Ramdhan Ram, Aged About 53 Years, R/o Village Telgawan, Police Station Bhatgaon, Tehsil Bhaiyathan, District Surajpur, Chhattisgarh. (Claimant) ... Appellant versus 1. Shivkumar Gupta S/o Late Dhanushdhari Gupta Aged About 43 Years Caste Rauniyar, Occupation Driver, R/o Mainroad, Bhatagaon, Police Station Bhatgaon, Tehsil Bhaiyathan, District Surajpur Chhattisgarh. (Driver) 2. Depot Officer SECL Bhatgaon Area R/o Bhatgaon, Occupation Vehicle Owner Bhatgaon, Tehsil Bhaiyathan District Surajpur Chhattisgarh. 3. The Oriental Insurance Company Limited Through Its Branch Manager, Ambedkar Chowk, Ambikapur, District Surguja Chhattisgarh. (Insurer) ... Respondent(s) For Appellant : Ms. Smriti Ekka, Advocate, on behalf of Mr. Mahesh Pandey, Advocate For Respondent No.2 : Ms. Dyna Bajrang, Advocate, on behalf of Mr. Vinod Deshmukh, Advocate For Respondent No.3 : Ms. Swati Agrawal, Advocate, on behalf of Mr. Pankaj Agrawal, Advocate Digitally signed by BHOLA NATH KHATAI Date: 2025.05.12 17:45:44 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 09 / 0 5 / 202 5 1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the injured claimant challenging the award dated 28.02.2019 passed by 3rd Additional Motor Accident Claims Tribunal, Surajpur (C.G.) in Motor Accident Claim Case No.95/2016. 2. The gist of claim before the Tribunal, in brief, was that on 03.02.2015 at about 3:30 p.m., claimant Shivmangal Ram was returning to his home at village Telgaon on his motorcycle CD Dawn after completion of his duty. When he reached near Bhatgaon over-bridge, the offending vehicle i.e. Jeep bearing registration No. CG 15 B 0559, which was being driven by respondent No.1 Shivkumar Gupta in a rash and negligent manner, hit his motorcycle, as a result of which he suffered grievous injuries in various parts of his body. His right leg got fractured in three places, his right shoulder bone also broke and he became 45% permanently disabled. He was admitted to Mission Hospital Ambikapur and Apollo Hospital Bilaspur and underwent treatment for about 38 days. Therefore, the claimant preferred an application before the Tribunal claiming compensation under various heads. 3. Learned Tribunal, considering the net salary of the appellant/claimant as Rs. 41,707 per month and assessing his disability to be 10%, determined the amount of Rs.4,50,432 for loss of future income. On the basis of the entire evidence presented, the award has been passed in favour of the claimant as under: Heads Amount Medical expenses 1,40,815 Assistant 5,700 3 Special diet 5,700 Travelling/transportation 10,000 Loss of future income 4,50,432 Future medical expenses 20,000 Physical and mental agony 10,000 Total Rs. 6,42,647 4. Learned counsel for appellant/claimant submits that the Tribunal has failed to consider the nature of injuries suffered by the appellant and the permanent disability certificate (Ex.P/22) brought on record and awarded a total compensation of Rs.6,42,647/- which is a very small amount and needs to be enhanced. He submits that the Tribunal has assessed the loss of income at 10% which should be increased to 15%. The amount given under physical and mental agony should be enhanced. He further submits that the Tribunal has not awarded any amount for loss of amenities and trauma due to the accident. Hence, prays for allowing the appeal by suitably enhancing the compensation awarded by the Tribunal. 5. On the other hand, learned counsel appearing for the respondents 2 & 3 opposes the submission made by the counsel for appellant and submits that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not require any enhancement. 6. Heard learned counsel for the parties and perused the record. 7. 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. 8. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the 4 given facts and circumstances of the case. 9. In this case, appellant Shivmangal Ram has brought on record the disability certificate Ex. P-22 issued by District Medical Board, Surajpur, CG, according to which, he had 45% disability due to fracture of femur, tibia and fibula bone. According to Dr. Shashi Tirki, the percentage of disability may be reduced with the help of physiotherapy in future. He has also stated that the disability is not of permanent nature. The claimant was advised to get his disability examined again after 6 months, but he did not get it done. From the evidence it is clear that the appellant was an employee of S.E.C.L. and his net income was Rs.41,707 per month. There is no clear evidence on record to show that the injury/disability suffered by him in the accident affected his earnings. Therefore, there is no need to increase the percentage of loss of earnings. 10. However, it is clear that there were fractures in femur, tibia & fibula bones which were treated by undergoing surgery, for which the appellant was admitted in the Hospital for about 38 days. In this situation, when the expenses on nutritious food, attendants, transportation etc. were incurred during hospitalization, he would have suffered physical and mental pain, and medical expenses would also be required in the future. Therefore, considering all these facts, the amount of compensation awarded by the Tribunal is modified/enhanced as follows:- Heads Amount awarded by the Tribunal Modified/ enhanced amount Medical expenses 1,40,815 1,40,815 Assistant 5,700 15,000 Special diet 5,700 15,000 Travelling/transportation 10,000 20,000 Loss of future income 4,50,432 4,50,432 Future medical expenses 20,000 20,000 5 Physical and mental agony 10,000 20,000 Total Rs. 6,42,647 Rs.6,81,247 11. Thus, the enhanced compensation would be Rs.38,600/- (6,81,247- 6,42,647). 12. In the result, the appeal is partly allowed. The claimant shall be entitled for the enhanced compensation of Rs.38,600/- in addition to what is already awarded by the Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 13. The Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. The said communication be made in Hindi (Deonagri) language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants reside. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai