1 / 6 2025:CGHC:38785 NAFR HIGH COURT OF CHHATTISGRH AT BILASPUR MAC No. 1837 of 2019 • Than Singh Sahu S/o M.R. Sahu Aged About 34 Years Caste Teli, R/o Shanti Nagar, Dongaripara, Jagdalpur, P.S. Bodhghat, District Bastar, Chhattisgarh. --- Appellant/ Claimant versus 1. Vijay Kumar Netam S/o Late Laxman Netam Aged About 42 Years Caste Gond, R/o. Village Kangoli, P.S. Parpa, District Bastar, Chhattisgarh, (Driver of Hyundai Car No. CG-17 C-9100) 2. Abhay Acharya S/o Late B.N. Acharya R/o. Purana Post Office Road, Nayapara, Jagdalpur, P.S. Jagdalpur, District Bastar, Chhattisgarh, (Owner Of The Hyundai Car No. CG17 C 9100) 3. Branch Manager Future General India Insurance Company Limited, Branch Office, Shop No. 03, Second Floor, Maruti Business Park, Near Dhuppad Petrol Pump, Raipur, District Raipur, Chhattisgarh. (Insurer Of The Hundai Car No. CG17 C 9100) 4. Mohd. Sagir Rizwi S/o Shri Jamaluddin Aged About 35 Years Caste Musalman, R/o. Ramsagar Para, Post Office Ward, Dhamtari, P.S. City Kotwali Dhamtari, District Dhamtari, Chhattisgarh. (Driver of the Maruti Swift Car No. CG04-HC-8045) 5. Praveer Kumar Gupta S/o Late Bhola Prasad Gupta R/o. House No. 15, Tower Phase-4, Heerapur, Raipur, District Raipur, Chhattisgarh, (Owner of the Maruti Swift Car No. CG04-HC-8045) 6. Branch Manager The Oriental Insurance Company Limited, Branch Office Jagdalpur, District Bastar, Chhattisgarh, (Insurer of the Maruti Swift Car No. CG04HC8045) --- Respondents ____________________________________________________________ For Appellant-Claimant : Mr. Praveen Kumar Dhurandhar, Advocate For Respondent No. 3 : Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Parth Prateem Sahu Judgment On Board 05/08/2025 PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 6 1. Challenge in this appeal is to the impugned award dated 20.08.2019 passed by Learned Third Additional Motor Accident Claims Tribunal, Bastar, Jagdalpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Cases No. 122/17, whereby Claims Tribunal allowed the application filed under Section 166 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) by the applicant in part and awarded ₹ 2,04,793/- as total compensation. 2. Brief facts of the case relevant for disposal of this appeal are that on 28.06.2014, appellant/ applicant was traveling on Hyundai Car bearing number CG 17 C 9100 driven by non-applicant No. 1 and returning from Raipur to Jagdalpur. On the way, at about 06:15 P.M., when he reached near Village Bhurvend on National Highway 130, Non-Applicant No. 4 while driving his vehicle Maruti Swift Desire car bearing number CG04 HC 8045 (henceforth “offending car”) rashly and negligently dashed the car in which applicant was travelling and caused accident. In the accident, applicant suffered grievous injuries over his person, resulting in permanent disability. 3. Applicant-claimant filed application under Section 166 of the Act of 1988 seeking compensation of ₹ 9,50,000/-, pleading therein that on the date of accident he was aged 31 years, was working as Lab Technician and earning ₹ 15,000 per month. 4. Pleadings made in the claim application was repelled by the Non-Applicants No. 1 & 2 driver and owner of the Hyundai Car pleading therein that accident did not occur due to negligence on the part of non-applicant No. 1. It is stated that the Hyundai car was insured with non-applicant No. 3 on the date of accident, thus the liability, if any, of paying compensation would be upon non- applicant No. 3. 3 / 6 5. Similar pleadings has also been made by non-applicant No. 4, who is driver of offending car. It is stated that the offending car was insured with non- applicant No. 6. 6. Non-applicant No. 6, insurer of offending car in its reply opposed the pleadings made in the claim application. It is further pleaded that both the vehicles were being driven by its driver without there being any valid and effective driving license as such, the vehicles were being driven in breach of conditions of insurance policy and therefore, insurance company is not liable to pay any amount of compensation. 7. Non-Applicant No. 3 & 5 did not submit their reply to the claim application. 8. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that applicant -Than Singh Sahu suffered grievous injuries resulting in permanent disability in a accident arising out of rash and negligent driving of Hyundai car and Maruti Swift Desire car driven by non-applicant No. 1 and non-applicant No. 4. Breach of conditions of insurance policy, contributory negligence and non-joinder of party were not found to be proved. Tribunal calculated the amount of compensation and awarded ₹ 2,04,793/- as total compensation with interest @ 9% p.a. from the date of filing of claim application till its realization and fastened liability to the extent of 50% each to satisfy the award upon non- applicant No. 3 and non-applicant no. 6-Insurance Companies of both the vehicles. 9. Learned counsel for appellant submits that the Claims Tribunal erred in not awarding compensation under the head of future prospects even after recording a finding that claimant suffered permanent disability and awarding compensation under the head of loss of income assessing loss of earning capacity as 14%. He submits that according to the decision of Hon’ble Supreme Court in the case of Sidram vs. The Divisional Manager, United Insurance Co. Ltd. reported in (2023) 3 SCC 439 in case of permanent 4 / 6 disability, there will be addition of compensation towards loss of future prospects also. He also contended that the Claims Tribunal awarded meager sum of compensation under other heads like pain and suffering, attendant, special diet and conveyance. 10. Learned counsel for respective respondents would oppose the submission of learned counsel for appellant and would submit that the Claims Tribunal in the facts of the case has awarded just compensation which does not call for any interference. 11. So far as the first ground raised by learned counsel for appellant that while awarding compensation towards loss of income due to permanent disability Claims Tribunal has not awarded compensation towards future prospects is concerned, perusal of record would show that the claimant has filed Disability Certificate as Ext. A-59, wherein Locomotor disability of appellant-claimant is assessed as 42% due to permanent physical disability in left upper limb. Doctor is also examined to prove the Disability Certificate as AW-2. In his evidence, it is stated that Disability Certificate issued of 42% is with respect to left upper limb only and for the whole body it will be only 14%. In cross- examination, he also admitted that the disability suffered by claimant will not be cured even after taking physiotherapy. 12. Hon’ble Supreme Court in the case of Sidram (supra) while considering award of compensation towards future prospects in case of permanent disability has observed thus: "31. It is now a well settled position of law that even in cases of permanent disablement incurred as a result of a motor-accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well. We have come across many orders of different tribunals and unfortunately affirmed by different High Courts, taking the view that the claimant is not entitled to compensation for future prospects in accident cases involving serious injuries resulting in 5 / 6 permanent disablement. That is not a correct position of law. There is no justification to exclude the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. Such a narrow reading is illogical because it denies altogether the possibility of the living victim progressing further in life in accident cases - and admits such possibility of future prospects, in case of the victim's death." 13. Considering entirety of the facts of the case, evidence available on record and also the decision of Hon’ble Supreme Court as above, I am of the considered view that the Claims Tribunal erred in not awarding compensation towards future prospects. As on the date of accident, injured was aged less than 40 years (ie., 31 years) and therefore there shall be addition of 40% of the assessed income towards future prospects. It is ordered accordingly. 14. Claims Tribunal has awarded only ₹ 5,000 towards pain and sufferings. Considering the fact that the claimant suffered permanent injury over left shoulder joint, period of treatment and also that he suffered permanent disability, which will remain for his entire life, I find it appropriate to enhance the compensation towards pain and suffering from ₹ 5,000 to ₹ 15,000. It is ordered accordingly. Compensation awarded under the head of attendant and special diet are also enhanced to ₹ 10,000 each from ₹ 5,000. Award of compensation under the head of conveyance expenses appears to be just and proper which does not call for any interference. 15. For the foregoing discussion, the amount of compensation to be awarded to appellant-claimant requires recomputation, which is as under. Particulars Compensation A. Annual Loss of income = ₹ 48,000/- (₹4000x12) (maintained) B. Addition towards loss of future prospects @ 40% (₹ 48,000 + 40% of ₹ 48,000= ₹ 67,200) C. Multiplier of 16 ₹ 1,50,528/- 6 / 6 (₹ 67,200 x 16 = ₹ 10,75,200) D. 14% loss of earning due to permanent disability (₹ 10,75,200 x 14% = ₹ 1,50,528) Medical Expenses (maintained) ₹ 82,273/- Pain and sufferings ₹ 15,000/- Special diet ₹ 10,000/- Attendant cost ₹ 10,000/- Conveyance expenses ₹ 5,000/- Total ₹ 2,72,801/- 16. Now the appellant-claimant shall be entitled for total sum of compensation of ₹ 2,72,801/- instead of ₹ 2,04,793/- as awarded by learned Claims Tribunal. The enhanced amount of compensation shall carry interest @ 8% p.a. from the date of filing of claim application till its realization. • Any amount paid to the appellant-claimant pursuant to the impugned award shall be adjusted from the amount of compensation as calculated above. • Rest of the conditions of the impugned award as imposed by the Claims Tribunal shall remain intact. 17. Consequently, appeal filed by appellant-claimant is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Parth Prateem Sahu) Judge pwn