1 2025:CGHC:33210 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 206 of 2020 Prakash Das Verma S/o Late Bhuwan Das Verma Aged About 37 Years R/o Village Janji Police Station Seepat District Bilaspur Chhattisgarh. --- Appellant versus Nanhu Ram @ Nanku Dahariya S/o Maiku Ram Aged About 30 Years R/o Village Devhari Near Durga Mandir Post Pandhi, Tehsil - Masturi , Police Station Seepat District Bilaspur Chhattisgarh...(Owner And Driver) …….Respondent _____________________________________________________________ For Appellant : Ms. Shrishti Upadhyay, Advocate on behalf of Mr. Ghanshyam Patel, Advocate For Respondent : None present though served. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 16/07/2025 1. Claimant/appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) seeking enhancement of compensation awarded by the learned 8th Additional Motor Accident Claims Tribunal, Bilaspur, District – Bilaspur (for short ‘the Claims Tribunal’) vide award dated 29.07.2019 passed in Claim Case No.399/2018 thereby allowing application in part and awarding Rs.1,74,651/- as compensation in an injury case. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.07.31 10:21:43 +0530 2 2. Facts relevant for disposal of this appeal are that a claim application U/s.166 of the Act, 1988 was filed by the appellant/injured seeking compensation of Rs.9,50,000/- against the injury suffered by him in the road accident pleading therein that on 19.10.2017, the applicant was traveling from Village Janji to Village Bodari along with his wife on motorcycle bearing registration number CG-10-AD-0260. At about 10:00 AM, when they reached near Barambaba Mandir, Mopka, applicant stopped the motorcycle for some work at that moment, another motorcycle bearing registration number CG-10U-2583, driven by the non-applicant in a rash and negligent manner, came from the opposite direction and collided with the motorcycle of applicant. As a result of the accident, the applicant suffered injuries to his right leg, fingers of the right hand, and other parts of his body. He was immediately taken to the Primary Health Center at Bahatarai and subsequently referred to BTRC Multispeciality Hospital for further treatment. It was further pleaded that at the time of accident, applicant was working as Kotwar of Village- Janji and earning Rs.5,000/- per month. Due to the accident, he suffered permanent disability and was unable to perform his daily routine work. 3. Non-applicant No.1 filed reply denying the allegations made in the claim application. It was pleaded that no accident had occurred with the alleged offending vehicle. Claim was filed on false and fabricated grounds, with an exaggerated demand for compensation. It was further stated that the First Information Report (FIR) was lodged nearly one month after the alleged accident. 3 4. Learned Claims Tribunal upon appreciation of pleadings and evidence placed on record by respective parties, allowed the claim application in part and awarded total compensation of Rs.1,74,651/- fastening the liability upon the non-applicant. 5. Learned counsel for the appellant submits that the learned Claims Tribunal though allowed the application seeking compensation in injury case, however, has not awarded amount of compensation for loss of income during period of treatment, special diet and towards conveyance expenses. She submits that from the documents with regard to the tests, purchase of medicine and discharge summary, it is reflecting that appellant suffered motor accidental injuries on 19.10.2017 and thereafter took treatment till January, 2018. Earlier to the accident, he was working as Kotwar of Village Janji, Police Station Seepat, therefore, he suffered loss of income. Applicant is entitled for compensation towards loss of income, special diet and conveyance expenses. She prays for enhancement of compensation suitably. 6. There is no representation on behalf of respondent though served. 7. Perusal of the impugned award would show that respondent No.1 after filing of the reply became ex-parte before the learned Claims Tribunal and award is passed after recording evidence of the claimant. 8. From the pleadings made in the application, it is appearing that claimant suffered motor accidental injuries on 19.10.2017. According to the FIR (Ex.P-2) there is mention that information is lodged to the concerned police station by applicant/claimant on 15.12.2017 of the accident on 19.10.2017. After completion of investigation, charge- 4 sheet was also filed for the offence under Section 279, 337, 338 of I.P.C. and 146/196, 3/181 of the Act, 1988. From the aforementioned facts it is appearing that claimant suffered motor accidental injuries on right leg, left hand along with other injuries. He was initially taken to Pratham Hospital, Bilaspur and thereafter, took treatment from BRTC Multispeciality Hospital, Bilaspur. In the pleadings of claim application, there is no mention of nature of occupation and income of claimant. In the evidence submitted by way of affidavit under Order 18 Rule 4 of C.P.C., it was stated that claimant was working as Kotwar of village Janji and earning Rs.5,000/- to Rs.8,000/- per month. No other evidence has been brought on record either to prove his nature of occupation and income. If the contention of applicant is to be considered that he was working as Kotwar he might be getting the fixed salary from government, however, no such documents has been enclosed in this regard. In the aforementioned facts of the case, considering the age of the claimant of 37 years, he definitely might be doing some work for earning his livelihood. As the accident is dated 09.10.2017, the income of the claimant is assessed notionally treating him to be labourer. As per the notification issued by the competent authority under the Minimum Wages Act, 1948 , for the period from 01.10.2017 to 31.03.2018, minimum wages of labour is fixed as Rs.7,930/-. Hence, I find it appropriate to assess the income of applicant/injured as Rs.7,930/- per month. The date of accident is 19.10.2017 and from discharge summary it is appearing that applicant/claimant was admitted from 23.12.2017 to 05.01.2018. Admittedly prior to the dates as mentioned in the discharge summary, he suffered motor accidental injuries. As per pleadings he has taken 5 treatment initially from Pratham Hospital, Bilaspur even if document has not been filed of Pratham Hospital taking note of the date of accident as mentioned in the FIR, I find it appropriate to accept the pleadings of the accident in the claim application of 19.10.2017 and considering the date of accident and the date of discharge mentioned in the discharge summary I find it appropriate to assess the loss of income for period of three months. Accordingly, claimant will be entitled for loss of income for the period of three months of Rs.7,930 x 3 = Rs.23,790/-. It is ordred accordingly. During the period of treatment for recovery from injuries suffered, claimant might be required diet and food other than the regular meals, therefore, I find it appropriate to award Rs.10,000/- towards special diet. Claimant is resident of village Janji, Police Station Seepat, however, he took treatment at Bilaspur, therefore, I find it appropriate to award Rs.5,000/- towards conveyance expenses. The claimants will be further be entitled for the compensation as ordered by the learned Claims Tribunal of Rs, 1,64,651 towards medical expenses and Rs.10,000/- towards mental pain and agony. 9. On the basis of above, the compensation awarded by the Tribunal is recomputed as under :- S.N. Head Amount. (Rs) 1. Loss of income (for three months) : 23,790.00 2. Medical expenses : 1,64,651.00 3. For mental pain and agony : 10,000.00 4. For special diet : 10,000.00 6 5. For conveyance : 5,000.00 Total Compensation : 2,13,441.00 10. Accordingly both the appeal is allowed in part. The applicant/injured shall be entitled for total compensation of Rs. 2,13,441.00. Any amount paid to the appellant/injured as compensation as per award shall be adjusted. Enhanced amount of compensation shall carry interest @ 8% per annum from the date of filing of application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 11. In the result, the appeal is allowed in part and the award impugned stands modified to the extent indicated above. Sd/- (Parth Prateem Sahu) Judge Balram