1 2025:CGHC:2422 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 750 of 2016 Ashok Pawade S/o Late Vishvanath Pawade, aged about 68 years, R/o Ward No. 29, Vrindavan Colony Jagdalpur, P. S. City Kotwali Jagdalpur, Tahsil Jagdalpur, District Bastar, Chhattisgarh ... Appellant versus 1. M. Appal Naidu S/o M. Satyanarayan, aged about 46 years, R/o Near Venugopal Swami Temple, Salur, P.S. Salur, District Vijaynagaram Aandhra Pradesh 2. Shriram General Insurance Company Limited, E/8 EPIP RIICO Industrial Area, Sitapur, Jaipur, Rajasthan 302011 ... Respondents For Appellant : Ms. Manisha Yadav, Advocate and Mr. Anjiv Kumar Singh, Advocate on behalf of Mr. Bhupendra Singh, Advocate For Respondent No.1 : Mr. P. K. Tulsyan, Advocate For Respondent No.2 : Mr. Deepak Gupta, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 1 4 / 01 /202 5 1. This appeal arises out of the award dated 27.02.2016 passed by Second Additional Motor Accident Claims Tribunal, Jagdalpur, Digitally signed by BHOLA NATH KHATAI Date: 2025.01.21 10:44:05 +0530 2 District Bastar (C.G.) in Claim Case No.128/2015 awarding compensation of Rs.25,000/- with interest @ 9% per annum, from the date of application till its realization, in favour of the appellant/claimant. 2. The claim of claimant Smt. Prema Pawade (who died during pendency of the appeal) before the Tribunal, in brief, was that on 05.04.2011 at 2:15 PM, she along with her husband Ashok Pawade had gone to his friend’s house in Village Asna on a motorcycle bearing registration number CG-17-K-1825. While returning, near Bakawand Tiraha of Village Asna, the offending vehicle i.e. truck bearing registration No. AP-35-U-1152, coming from Raipur side which was being driven by respondent No. 1 rashly and negligently, collided with the motorcycle, as a result of which, claimant Prema Pawade suffered grievous injuries to her right hand, waist, chest and other parts of the body. A report of the said accident was made at Kotwali Police Station, Jagdalpur, where crime was registered against respondent no. 1. 3. It was claimed by Claimant Prema Pawade that at the time of accident, she was aged about 46 years and was earning Rs.52,000 per month by doing sewing, knitting and embroidery work. On account of the accident, she suffered various injuries on her body and also suffered 40% permanent disability. Therefore, the claimant preferred an application before the Tribunal claiming total compensation of Rs.8,50,000/- for disability, loss in future income, physical and mental agony, medical expenses and also under other heads. 4. Learned Tribunal, after considering the evidence and documents available on record, awarded a lump sum compensation of Rs.25,000/- towards permanent disability of 40%, physical and mental agony, special diet, attendant and transportation in favour of the claimant with interest @ 9% per annum, from the date of 3 application till its realization. Hence, this appeal is for enhancement. 5. Learned counsel for appellant/claimant submit that the Claims Tribunal failed to consider the nature of injuries suffered by claimant Prema Pawade and awarded a lump sum compensation of Rs.25,000 /- in her favour which needs to be enhanced. They submit that the Tribunal has not given the medical expenses incurred during treatment and the claimant is also entitled for loss of income due to 40% permanent disability as assessed by Dr. L. L. Thakur. Thus, prayed for modification of the impugned award enhancing the compensation suitably. 6. On the other hand, learned counsel appearing for the respondents oppose the submission made by the counsel for appellant and submit that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 7. Heard learned counsel for the parties and perused the record. 8. 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. 9. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. This case was regarding the compensation of Prembai Pawade who was injured in the accident. In Para-24 of the award, the tribunal has found that the documents submitted as exhibits A-3 to A-12 regarding treatment expenses have not been verified by any doctor. The claimant party has stated the said expenses as 4 Rs.1,22,461/- and has prayed for awarding the said amount. The insurance company has objected to this. 11. The documents Ex.A-3 to A-7 and A-9 to A-11 are not original documents but photocopies. The claimant party has failed to tell about the original documents. In such a situation, it would not be appropriate to award the amount claimed for medical expenses in the absence of original documents. The Tribunal has passed an award of Rs.25,000/- as compensation for physical and mental agony, attendant, nutritious food and transportation in favour of injured Premabai Pawade. 12. It is noteworthy that injured Premabai Pawade suffered serious injuries in her hand and shoulder. As per the statement of Premabai herself, she was unable to do any work due to constant pain in her hand and was unable to even cut vegetables and make bread with that hand. Dr. L. L. Thakur is said to have issued a permanent disability certificate Ex. P-12 after examining her, which shows 40% permanent disability in her right hand. It is noteworthy that the accident took place on 05/04/2011 and during the pendency of this appeal, injured Premabai Pawade died on 08/10/2020 i.e. about 9 years after the incident. In such a situation, Ashok Pawade, as the husband of injured Premabai Pawade, shall be entitled to receive the amount which was spent on medical expenditure or other items during her lifetime. 13. There is no original document presented regarding the amount spent under the head of medical expenses. As per Ex. A-19, injured Premabai Pawade was admitted in the hospital for about 12 days and got treatment. She had suffered grievous injuries. Before her death, she had to suffer physical and mental agony for almost 9 years after the incident and during this period she was unable to do some work. Keeping all these facts in view, it is clear that during hospitalization, not only the expenses of the attendant but also on nutritious food, transportation etc. are incurred. Therefore, the 5 compensation awarded regarding Premabai Pawade's injury is enhanced from Rs. 25,000/- to Rs. 50,000/-. 14. In the result, the appeal is partly allowed. The appellant shall be entitled for the enhanced compensation of Rs.25,000/- (50,000 – 25,000) in addition to what is already awarded by the Claims 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. 15. The Registry is directed to communicate the appellant 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 appellant resides. Sd Sd/- (Sanjay Kumar Jaiswal) Judge Khatai