1 2025:CGHC:31430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1250 of 2018 Jatan Lal Dhobi S/o Manbodh Dhobi, Aged About 34 Years R/o Village - Ghuichuwa Basti Tahsil And P.S. Pali, District Korba Chhattisgarh. (Claimant) ... Appellant versus 1 - Subhash Verma S/o Kameshwar Verma, Aged About 45 Years R/o Kurkuri Pali Ganj Patna Present Address Deepaka Mines District Korba Chhattisgarh. (Driver Of The Vehicle) 2 - Bajrang Coal Movers Through Partner Bajrang Lal Agrawal Tulsi Nagar Korba District Korba Chhattisgarh. (Owner Of The Vehicle) 3 - The Megma H.D.I. General Insurance Company Limited, Branch Office Megma House 24 Park Street Kolkata 700016 (West Bengal) (Insurer) (Non Claimants) ... Respondents (Cause-title taken from Case Information System) For Appellant : Mr. Pravin Kumar Tulsyan, Advocate For Respondents No.1 and 2 : None For Respondent No.3 : Mr. Arvind Panda, Advocate on behalf of Mr. Ghanshyam Patel, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 08.07.2025 1. This appeal has been filed by the appellant/claimant being aggrieved by the impugned award dated 07.05.2018 passed by Additional Judge to the Court of Additional Motor Accident Claims YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.07.14 11:35:12 +0530 2 Tribunal, Katghora, District Korba (C.G.) (hereinafter referred to as 'Claims Tribunal') in Accident Claim Case No.154/2014, whereby learned Claims Tribunal has awarded total amount of compensation of Rs.2,57,644/- with interest @ 9% per annum from the date of claim application till its realization. 2. Brief facts relevant for disposal of this appeal, are that on 30.09.2013, at about 3.00 PM, the appellant was returning from his house from Dipka on his motorcycle, when he reached near Bandhakhar Main Road, at that relevant time, one Trailer bearing registration No.CG-12/C/3222 (hereinafter referred to as “offending vehicle”) driven by respondent No.1, owned by respondent No.2 and insured with respondent No.3, dashed the motorcycle of the appellant, due to which, he sustained grievous injuries over his person and suffered permanent disability. 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. 4. Respondent/non-applicant No.1 was ex-parte before the learned Claims Tribunal. 5. Respondent/non-applicant No.2 submitted his written statement pleading that on the date of accident, offending vehicle was duly insured with the Insurance Company, as such the liability to satisfy the amount of compensation would be upon the Insurance Company. 3 6. 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 or permanent disability. 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. 7. On appreciation of pleadings and evidence placed on record by respective parties, learned Claims Tribunal awarded a total sum of Rs.2,57,644/- along with interest @ 9% per annum from the date of filing of claim application till its realization. 8. 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 some days, as such, he prays for enhancement of the amount of compensation suitably. 9. 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 the facts and circumstances of the case, learned Claims Tribunal 4 has rightly awarded the amount of the compensation to the claimant, which does not warrant any interference. 10. I have heard learned counsel appearing for parties and perused the record carefully. 11. 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.9,49,056/- towards loss of income. Considering the permanent disability to the extent of 25.04%, the loss of income assessed as Rs.2,37,644/-. The Claims Tribunal has further awarded a sum of Rs.20,000/- towards pain and suffering, attendant charges and special diet. Thus, the Claims Tribunal awarded a total compensation of Rs.2,57,644/- to the appellant/claimant. 12. 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. 13. Now, this Court shall examine as to whether the compensation of Rs.2,57,644/- awarded by the learned Claims Tribunal is just and proper compensation in the facts and circumstances of the present case. 5 14. Admittedly, in an vehicular accident that had taken place on 30.09.2013, the appellant/claimant sustained grievous injures on his person as well as suffered permanent disability to the extent of 25.04%. 15. Insofar as the income of the claimant at the time of accident is concerned, though there is no specific pleadings or any evidence in respect of income of the claimant, but looking to the fact that the accident occurred in the year 2013 and as per Minimum Wages Act, 1948, Rs.4,943/- was applicable and accordingly, annual income of the claimant would reckon to Rs.59,316/-. After adding 40% towards future prospects i.e. Rs.23,726/-, income of the claimant would reckon Rs.83,042/-. After applying the multiplier of 16 looking to the age of the claimant, the loss of income of the claimant comes to Rs.13,28,672/-. Since this Court is of the opinion that the appellant has suffered permanent disability to the extent of 25.04%, the annual loss of income of appellant would come to Rs.3,32,699/-. In addition to the above, the claimant is further entitled to Rs.25,000/- towards pain and suffering, Rs.10,000/- towards special diet, Rs.10,000/- towards attendant charges and Rs.5,000/- towards conveyance expenses. 16. Therefore, the claimant would become entitled for total compensation of Rs.3,82,699/-. After deducting Rs.2,57,644/- as awarded by the Claims Tribunal, the enhancement would be Rs.1,25,055/-. 6 17. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs.1,25,055/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 9% from the date of enhancement of the award till its realization. However, rest of the conditions of the impugned award shall remain unchanged. 18. The Insurance Company is directed to pay the enhanced amount of compensation to the claimants as modified by this Court within a period of 60 days from the date of production of certified copy of this judgment. 19. Record of the concerned Motor Accident Claims Tribunal be sent. Sd/- (Amitendra Kishore Prasad) Judge Yogesh