1 2025:CGHC:18921 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1671 of 2018 1 - Virendra Kumar Singh S/o Dinawan Singh, Aged About 48 Years R/o Ward No. 41, Parsabhatha, Balco Nagar, Korba, Tahsil And District Korba, Chhattisgarh. --- Appellant versus 1 - Mastan Singh S/o Late Janrail Singh, Aged About 55 Years R/o. LIG-34, MPHB Colony, Tatibandh, Post Amanaka, Raipur, District Raipur, Chhattisgarh. (Owner). 2 - Sukhvinder Singh S/o Daya Singh, R/o. Plot No. 01, Anand Vihar, Near Radhika Nagar, Bhilai Nagar, District Durg Chhattisgarh. (Driver). 3 - The New India Insurance Company Limited, Through The Divisional Manager, Office of The New India Insurance Company Limited, Near Taxi Stand, T.P.Nagar Korba, Tahsil And District Korba, Chhattisgarh. (Insurer). --- Respondents MAC No. 1737 of 2018 1 - Deepak Kumar Singh S/o Janardan Singh Aged About 27 Years R/O Ward No. 41 parsabhatha, Balco Nagar, korba Tahsil And District Korba, Chhattisgarh. ---Appellant Versus 1 - Mastan Singh S/o Late Janrail Singh Aged About 55 Years R/o LIG-34 MPHB Colony Tatibandh, post Amanaka Raipur District Raipur, Chhattisgarh. (Owner). Digitally signed by HEERA LAL SAHU Date: 2025.04.28 16:41:31 +0530 2 2 - Sukhvinder Singh S/o Daya Singh R/o Plot No. 01, Anand Vihar Near Radhika Nagar Bhilai Nagar District Durg, Chhattisgarh. (Driver). 3 - The New India Insurance Company Limited Through The Divisional Manager Office of The New India Insurance Company Limited Near Taxi Stand, T.P. Nagar Korba Tahsil And District Korba, Chhattisgarh (Insurer). --- Respondents For Appellant : Mr. Praveen Dhurandhar, Advocate, in both the appeals. For Respondent No. 3 : Mr. Anil Gulati, Advocate, in both the appeals. For other respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board ( 25 . 04 .202 5 ) 1. Since both the appeals arise out of same judgment dated 03.08.2018, passed by 1st Additional Motor Accident Claims Tribunal, Korba (C.G.), in Claim Case Nos. 82/2015 & 83/2015, they are being heard and disposed of by this common order. 2. The gist of the claims before the Tribunal, in brief, was that on 11.03.2015, Virendra Kumar was going from Balco to Raipur with his driver Deepak Kumar Singh, after loading aluminium wire in his private vehicle truck No. CG-12-C- 2881. At Bilaspur-Raipur main road, the National Highway No. 130, at village Chandkhuri, the driver/respondent No. 1 of trailer vehicle No. CG-07-CA-6925, coming from Raipur while driving the vehicle in a rash and negligent manner, hit his truck as a result of which the appellant (Virendra Kumar) and his driver/appellant (Deepak Kumar Singh), who were sitting in the truck, got grievous injuries. The matter was reported to the police, and a case was registered against the driver of the offending vehicle. 3 3. In Claim Case No. 82/2015, it was stated that Appellant Virendra Kumar Singh was admitted in the CIMS hospital, Bilaspur; thereafter, he was referred to New Korba Hospital for treatment. In the said accident, appellant/Virendra Kumar’s two fingers of his right hand got cut, his right thigh bone got fractured, and a rod was inserted, due to which he suffered permanent disability. Appellant Virendra Kumar owned a 10-wheeler vehicle from which he used to earn Rs. 50,000/- per month from the work of transportation along with driver Deepak Kumar. Therefore, he filed a claim application under Section 166 of M.V. Act claiming a total compensation of Rs. 10,30,000/-. In Claim Case No. 83/2015, it was stated that due to the said accident, appellant Deepak Kumar Singh's thigh bones of both legs got fractured, and he suffered permanent disability. Appellant Deepak Kumar Singh is used to earning Rs. 20,000/- per month from the work of a driver; therefore, he filed a claim application under Section 166 of M.V. Act claiming a total compensation of Rs. 9,30,000/-. MAC No. 1671/2018 4. In Claim Case No. 82/2015, the learned Tribunal, after considering the evidence and documents available on record, assessed the income of the appellant Virendra Kumar Singh to be Rs.50,000/- per month as the appellant was the owner of the truck bearing registration No. CG-12-C-2881, and he hired driver Deepak Kumar to drive the vehicle. Further, considering the fact that appellant was admitted for 17 days in the hospital and produced medical bills of CIMS and New Korba Hospitals vide Ex.P-08 to Ex.P-64 and also considering the fact that the appellant hired a driver to drive his truck it cannot be held that the appellant has loss of income due to the said 4 injuries. Further, considering that due to the said accident, the appellant suffered grievous injuries, his thigh bone got fractured, the learned claims tribunal awarded a total compensation of Rs. 1,90,808/- in the following manner:- Heads Compensation Towards Medical expenses Rs. 1,84,308/- Towards Nutritious food Rs. 1,500/- Towards Physical and mental agony Rs. 5,000/- Total Rs. 1,90,808/- 5. Learned counsel for the appellant/claimant submits that the learned claims tribunal erred in not assessing the permanent disability suffered by appellant Virendra Kumar Singh, where he suffered a compound fracture in his right leg and amputation of two fingers of his right hand, which is evident from the MLC report Ex.P-3. He further submits that the claimant was the owner of a truck and was a transporter; his income was found to be proved as Rs. 50,000/- per month by the tribunal. Therefore, the learned claims tribunal ought to have awarded compensation towards the loss of income during treatment. He also submits that the awarded amount by the claims tribunal on the other heads is also on the lower side, which needs to be enhanced suitably. 6. Learned counsel for the Insurance Company supported the impugned award and submitted that the award in question is based on the proper appreciation of the material available on record which does not call for any interference. 7. Heard counsel for the parties and perused the record. 8. Now this Court shall examine as to whether the compensation awarded by the Tribunal in the claim cases are just and proper compensation in the given facts and 5 circumstances of the case. 9. It is evident from the records that appellant Virendra Kumar Singh suffered grievous injuries in the said accident, due to which his 2 fingers of the right hand got amputated as per MLC report Ex.P-3. Due to the said injuries, sustained by the appellant, he was admitted in the hospital for 17 days and suffered physical and mental pain. He was a truck owner and from the work of transportation, he was earning Rs. 50,000/- per month as held by the claims tribunal. It is also evident that the appellant has not produced any permanent disability certificate; therefore, the tribunal has not considered the permanent disability and awarded the compensation on the basis of the material available on record. However, considering the MLC report Ex.P-3 and considering the fact that the appellant was admitted in the hospital for 17 days during treatment, and further considering the income of Rs.50,000/- per month of the appellant as held by the claims tribunal, this Court is of the opinion that the compensation awarded by the claims tribunal is needs to be enhanced on some heads in the following manner:- Sl No. Heads Award by Claims Tribunal Award by this Court 01 Towards Medical expenses Rs. 1,84,308/- Rs. 1,84,308/- 02 Towards Nutritious food Rs. 1,500/- Rs. 1,500/- 03 Towards Physical and mental agony Rs. 5,000/- Rs. 25,000/- 04 Loss of income during treatment Nil Rs. 30,000/- 05 Towards imputation and grievous injuries Nil Rs. 50,000/- 6 Total Rs. 1,90,808/- Rs. 2,90,808/- 10. Thus, the total compensation is recomputed as Rs. 2,90,808/-. After deducting Rs.1,90,808/- as awarded by the claims Tribunal, the enhancement would be Rs. 1,00,000/-. M AC No. 1737/2018 11. In Claim Case No. 83/2015, the learned Tribunal, after considering the evidence and documents available on record, assessed the income of the appellant Deepak Kumar Singh to be Rs.9,000/- per month.. Further, considering the fact that the appellant was admitted in the hospital for 17 days, for which he produced medical bills vide Ex.P-08 to Ex.P-93. Further, considering that due to the said accident, the appellant suffered grievous injuries, both thigh bones were fractured. He was working as a driver, and due to the said injuries, he would be unable to do his work for about two months. Considering all the facts and evidence, the learned claims tribunal awarded a total compensation of Rs. 1,37,545/- in the following manner:- Heads Compensation Towards medical expenses Rs. 1,13,045/- Towards Nutritious food Rs. 1,500/- Towards physical and mental agony Rs. 5,000/- Towards loss of income for two months Rs. 18,000/- Total Rs. 1,37,545/- 12. Learned counsel for the appellant/claimant submits that the learned claims tribunal erred in not assessing the permanent disability suffered by appellant Deepak Kumar Singh, where he suffered a fracture in both his legs. He also submits that the awarded amount by the claims tribunal on the other heads is on the lower side, which needs to be enhanced suitably. 7 13. Learned counsel for the Insurance Company supported the impugned award and submitted that the award in question is based on the proper appreciation of the material available on record which does not call for any interference. 14. Heard counsel for the parties and perused the record. 15. It is evident from the records that appellant Deepak Kumar Singh suffered grievous injuries in the said accident, due to which bones of both his thighs got fractured. Due to the said injuries, sustained by the appellant, he was admitted in the hospital for 17 days and suffered physical and mental pain. He was the driver of a truck and from his work he was earning Rs. 9,000/- per month as has been held by the claims tribunal. It is also evident that the appellant has not produced any permanent disability certificate; therefore, the tribunal has not considered the permanent disability and awarded the compensation on the basis of the material available on record. However, considering the available evidence and considering the fact that the appellant was admitted in the hospital for 17 days during treatment, and further considering the nature of work of the appellant since the appellant is a driver, therefore, due to fracture in both the legs, he must face inconvenience in future and he must need to medical expenses in future, hence, this Court is of the opinion that the compensation awarded by the claims tribunal is needs to be enhanced on some heads in the following manner:- Sl No. Heads Award by claims Tribunal Award by this Court 01 Towards medical expenses Rs. 1,13,045/- Rs. 1,13,045/- 02 Towards Nutritious food Rs. 1,500/- Rs. 5,000/- 8 03 Towards physical and mental agony Rs. 5,000/- Rs. 15,000/- 04 Towards the loss of income for four months, during treatment and till it becomes normal Rs. 18,000/- Rs. 36,000/- 05 Towards transportation and assistance Nil Rs. 10,000/- 06 Towards expenses in treatment in future Nil Rs. 15,000/- 07 Towards Future inconvenience Nil Rs. 20,000/- Total Rs. 1,37,545/- Rs. 2,14,045/- 16. Thus, the total compensation is recomputed as Rs. 2,14,045/-. After deducting Rs.1,37,545/- as awarded by the claims Tribunal, the enhancement would be Rs. 76,500/-. 17. In the result, the appeals are partly allowed. The claimant Virendra Kumar Singh in MAC No.1671 of 2018 shall be entitled to Rs. 1,00,000/- and the claimant Deepak Kumar Singh in MAC No.1737 of 2018 shall be entitled to Rs. 76,500/- in addition to what has already been awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent, and the rest of the conditions shall remain intact. 18. Records of the Tribunal along with a copy of this judgment be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge H. L. Sahu