1 2025:CGHC:26100 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 147 of 2019 1 - Dilchand Sahu S/o Late Aatma Ram Sahu Aged About 60 Years Occupation Service In S.E.C.L., Pandavpara Colliery, R/o Village Pandavpara, Police Station Patna, District - Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ... Appellant Versus 1 - Rajendra Prasad Sahu S/o Pradeep Sahu Aged About 34 Years R/o Dabripara, Police Chowki, Basdei, Police Station Surajpur, District - Surajpur Chhattisgarh. 2 - Rajkumar Sahu S/o Late Pancham Ram Sahu Aged About 40 Years Occupation Owner Of The Vehicle, R/o Village Sagarpur, Ward No. 4, Police Station Baikunthpur, District - Koriya Chhattisgarh. 3 - Branch Manager Shriram General Insurance Company Limited, S-B, And S-9, Second Floor, C.G. Plaza, Agrasen Chowk, Beside Telephone Exchange, Bilaspur Chhattisgarh. ... Respondents For Appellant : Ms. Shivani Singh, Advocate on behalf of Mr. Ashok Kumar Shukla, Advocate For Non-Appellant No. 3 : Mr. Utsav Mahiswar, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 20/06/2025 1. This appeal is filed by the appellant seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 19.09.2018 passed by the Additional Motor Accident Claims Tribunal, Baikunthpur, District – Koriya (C.G.) in M.A.C.C. No. 27/2017. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 2. Facts of the case in brief are that, on 06.03.2017, when the appellant was traveling towards Uramduga on his motorcycle bearing registration no. CG 15 CV 1902 and reached near Jindal Dhaba, Uramduga, offending vehicle bearing registration no. MP 65 GA 1094 which was being driven by the Respondent No. 1 in a rash and negligent manner, dashed the motorcycle of the appellant and caused accident. In the said accident, appellant suffered serious injuries, he was taken to Hospital for treatment and thereafter, looking to the nature of injuries, he was referred to Apollo Hospital Bilaspur, Appellant took treatment there from 07.03.2017 to 24.03.2017. Thereafter, appellant took further treatment time to time at different hospitals, due to motor accidental injuries, he suffered permanent disability. Subsequent to the accident, a crime was registered against the Respondent No. 1 bearing Crime No. 50/2017 at P.S. Patna, District – Koriya for the alleged offences punishable under Sections 279, 337 of the Indian Penal Code, 1860. 3. Learned counsel for appellant submits that the appellant suffered grievous injuries over his person in the accident. Learned claims Tribunal overlooking the nature of injuries, period for which, the appellant took treatment and could not able to do the work due to the injuries suffered by him has awarded meagre sum as compensation. He further submits that appellant took treatment as impatient for about 95 days, but the Claims Tribunal awarded only Rs. 5,000/- towards the special diet and Rs. 10,000/- towards attendant and Rs. 2,000/- towards the conveyance expenses which, in the facts and circumstances of the case is on lower side. 4. On the other hand, learned counsel for the Respondent No. 3 opposes the submission made by the counsel and would submit that the 3 learned Claims Tribunal upon appreciation of evidence brought on record by the appellant/claimant awarded just and proper amount of compensation. The appellant is a government servant and working with the South Eastern Coal Fields Limited. He is entitled for the medical leave and earned leave as stated by Mr. Vinod Kumar (AW-2) who is an officer in South Eastern Coal Fields Limited who was examined by the claimant. The claimant has not examined doctor to prove permanent disablement. 5. I have heard learned counsel for the parties and perused the records of the claim case. 6. The appellant, undisputedly is an employee of South Eastern Coal Fields Limited and on the date of accident was posted as Assistant Foreman. It is also not in dispute that the appellant suffered motor accidental injuries on 06.03.2017, he was admitted immediately after the accident at Apollo Hospital, Bilaspur. Upon diagnosis, injuries as mentioned in Ex. P/2 and extracted below were found:- 1. Head injury with badly lacerated wound scalp. 2. Fracture right transverse processes from L1 to L4. 3. Fracture left superior as well as inferior pubic rami. 4. Fracture left clavicle and left 4th to 7th ribs. 5. Fracture right Calcaneum. 6. Heel pad avulsion (right). 7. Lacerated wound over left heel + left hand 5th finger (dorsum). 8. Hypertension. 7. The appellant suffered multiple fractures, badly lacerated wound on scalp and also evolution of heel pad (right). The injuries as mentioned in the document i.e. the discharge summary, clearly mentions about the 4 nature and grievousness of injuries, period of admission for treatment, in Apollo Hospital is also mentioned as; from 07.03.2017 to 24.03.2017. The appellant might have taken considerable period for his recovery from the injuries suffered by him, even after discharge from the hospital and only thereafter, he could have attended his office. 8. To prove the employment, the wages/salary received by the appellant/claimant, he has examined himself as AW-1 and Mr. Vinod Kumar (AW-2) who is the Deputy Manager (Personnel) of SECL, Jhilmil sub-area. In his evidence, he proved the pay-slip of February, 2017 mentioning gross total salary as Rs. 78,541/-. he further admitted the period for which the appellant/claimant remained absent from service. In para 2 of his deposition, as the claimant/injured remained absent from his service for 09 days in March, 2017, 25 days in April, 2017 and for whole month of May and June, 2017 (i.e. 31 days and 30 days). The total absence period of appellant from the service comes to 95 days. The learned Claims Tribunal has not awarded any amount of loss of income for that period. Even if the claimant/appellant is treated to be on paid leave of either the medical leave or the earned leave. he has expended the said leave for the treatment of motor accidental injuries which, he could have otherwise utilized for his other ailment, if suffered in normal course or the earned leave for the some other purpose in accordance with law. Therefore, the appellant have suffered loss of the period of 95 days and therefore, the learned Claims Tribunal erred in not awarding wages for that period. In the above facts of the case, in the opinion of this Court, the appellant is entitled for the salary of 95 days for loss of earning of the laid down period. 5 9. Further considering the nature of injuries, period of treatment, in the opinion of this Court, the learned Claims Tribunal erred in awarding meagre amount of compensation under the head of special diet, attendant and conveyance expenses which also requires to be enhanced suitably. The claimant has exhibited his pay-slip as Ex. P/50, though the gross income has been shown as Rs. 78,541/-, however, it also includes the paid holiday wages, sunday wages which cannot be treated to be the regular income and therefore, for the purpose of computing the amount of compensation, the claimant is entitled for the regular wages fixed for holding the said post i.e. the basic pay, dearness allowance, the special dearness allowance, underground allowance etc. Upon deducting the paid holiday wages of Rs. 3,994/- and sunday wages of Rs. 9,985/-, the total income of the appellant will come to Rs. 64,561.33/-. Now, the regular monthly income of the appellant would come to Rs. 64,561.33/- and accordingly, the per day income of the appellant would come to Rs. 2152.04/- (64561.33/30). 10.As from the evidence of the appellant/claimant (AW-1), it is appearing that the appellant could not be able to do the work in the office for 95 days. He is also entitled for loss of salary of that period which comes to Rs. 204443.8/- (2152.04 X. 95). Taking into consideration, the period of treatment, nature of injuries suffered by the appellant/claimant and the period with which, he could not be able to join the service and was on leave for curing of the injuries, in the opinion of this Court, the appellant is entitled for compensation of Rs. 20,000/- towards special diet, Rs. 20,000/- towards the attendant and Rs. 50,000/- towards pains and sufferings. The medical expenses and the conveyance from the place 6 of residence to the referral hospital is to be borne by the company and therefore, no amount under the said head has been awarded. 11. Now, the appellant/claimant will be entitled for the total amount of compensation which is as under:- • Rs. 2,94,443.8/- (2,04,443.8 + 20,000 + 20,000 + 50,000) 12.This amount of compensation shall carry interest @ 7.5% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 13.Any amount already paid to Claimants/Appellant as compensation shall be adjusted from the total amount of compensation as calculated above. 14.In the result, the appeal is allowed in part and the impugned award stands modified to the extent indicated above. 15.Certified copy as per rules. Sd/---/-/--------/--/- (Parth Prateem Sahu) Judge Dey