1 2025:CGHC:42767 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 782 of 2019 1 - Rajkumar Verma S/o Bhukhau Verma Aged About 57 Years R/o Village Pawantara, Chowki- Jalbandha, Post Office And Police Station- Khairagarh, District- Rajnandgaon, Chhattisgarh................(Non-Applicant)..............(Registered Owner And Driver Of Vehicle Motor Cycle Bearing Registration No. C.G. 04/j 7994), District : Rajnandgaon, Chhattisgarh ... Appellant Versus 1 - Istak Khan S/o Jumman Khan Aged About 28 Years R/o Village Muteda Nawagaon, Khairagarh, Tahsil Post Office And Police Station- Khairagarh, District- Rajnandgaon, Chhattisgarh......................(Claimant/applicant), District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Appellant : Mr. Shivendu Pandya, Advocate along with Ms. Pooja Yadav, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 22/08/2025 1. Appellant owner and driver of the offending vehicle filed this appeal challenging the impugned award passed by learned Additional/Upper Motor Accident Claims Tribunal, Khairagarh, District – Rajnandgaon (C.G.) in Claim Case No. 45/2015 whereby, the Tribunal allowed application filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter for brevity referred to as the Act, 1988). 2. Facts relevant for disposal of this appeal are that on 17.12.2014 at around 06:30 P.M. when the the Applicant/Respondent along with one SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Vijay Kumar in their bicycles were returning to their home at village Muteda, Nawagaon from Village Khairagarh and reached near Dhaneli Bridge, Non-Applicant No. 1/Appellant herein, while driving his motorcycle bearing registration no. CG 07 J 7994, rashly and negligently dashed the bicycle of Ishtak Khan. In the accident, Ishtak Khan suffered grievous injuries over his person, he was taken to Hospital and from there, he was referred to District hospital Rajnandgaon and thereafter, to Shri Narayana Hospital, Raipur where he underwent long treatment for the injuries sustained. Subsequent to the said accident, F.I.R. bearing Crime No. 532/2014 at P.S. Khairagarh, District - Rajnandgaon was registered against Non- Applicant/Appellant for the offences punishable under Section 279, 337, 338 of the Indian Penal Code, 1860 and under Sections 146, 196 and 3/181 of the Motor Vehicles Act, 1966. Claimant/Applicant filed and application under Section 166 of the Motor Vehciles Act, 1988 stating that he was doing the work of Mason and earning Rs. 300/- per day. Due to the said accident, he is unable to work properly and had sustained permanent disability and thus, seeking compensation to the tune of Rs. 13,96,000/-. 3. Learned counsel for the appellant submits that the learned Claims Tribunal while computing the amount of compensation towards medical expenses has awarded compensation considering the medical bills submitted twice for the same amount. It is also contended that the Claims Tribunal has not deducted the advance amount paid by the claimant for his treatment and was adjusted from the final bill which is apparent from the documents placed on record and exhibited by the claimant before the Claims Tribunal. 3 4. It is contention of the counsel for appellant that Ex. P/17 is the final bill of Shri Nayarana Hospital, Raipur which is not a complete document, however, part of the medical bill (Ex. P/17) is marked as Ex. P/60. The total amount of the bills i.e. Ex. P/60 and Ex. P/17 would come to Rs. 1,53,910/-. The advance amount has been adjusted at Rs. 01,05,000/- and the balance amount to be paid is mentioned as Rs. 48,910, however, the learned Claims Tribunal has added the amount as mentioned in Ex. P/17 twice and further has awarded the advance amount of Rs. 1,05,000/- which is already deducted in the final bill. The expenditure made towards treatment at Shri Narayana Hospital would be only Rs. 1,53,910/- in total. 5. It is further contention of counsel for the appellant that the total payable amount would be Rs. 18,10,608.46/- only after deducting the advance amount and the total medical expenditure would be Rs. 2,86,608.46/- whereas, the Claims Tribunal has awarded Rs. 6,52,315/- which is erroneous. 6. There is no representation on behalf of the Respondent/Claimant. Earlier also, according to the order-sheets recorded, it is appearing that on 17.04.2025, there was no representation on behalf of the respondent and on 06.05.2025, there was no representation for the respondent. 7. I have heard learned counsel for the parties and perused record of the claim case. 8. As the counsel for the appellant has raised grounds that the medical bill amount has been claimed twice for the expenditure incurred towards the treatment of the claimant is concerned, upon perusal of the chart as prepared by the counsel for the appellant based on the 4 calculation of the amount as mentioned in the cash receipt exhibited before the Learned Claims Tribunal would show that the total medical expenditure incurred by the claimant was Rs. 2,86,608.46/- and therefore, this Court is of the view that the claimant is entitled for Rs. 2,86,608.46/- instead of Rs. 6,52,315/-. It is ordered accordingly. 9. The claimant will also be entitled for the amount of compensation awarded under other heads as awarded by the learned Claims Tribunal. 10. In view of above, this Court proposes to recalculate the amount of compensation payable to the appellant. S. No. Heads Compensation 1. Loss of income during laid down period for 02 years : Rs. 1,46,000/- 2. Future medical expenses : (+) Rs. 1,00,000/- 3. Medical Expenses : (+) Rs. 2,86,608.46/- 4. Pains and sufferings : (+) Rs. 25,000/- 5. Conveyance Expenses : (+) Rs. 10,000/- 6. Special diet : (+) Rs. 10,000/- Total Compensation : Rs. 5,77,608.45/- 11. Now, the Appellants/Claimants is awarded total compensation of Rs. 5,77,608.45/- instead of Rs. 9,43,315/- as awarded by the Claims Tribunal. This enhanced amount of compensation shall carry interest @ 8% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 12. Any amount already paid to Claimant/Appellant as compensation shall be adjusted from the total amount of compensation as calculated above. 5 13. In the result, the appeal filed by the Appellant is allowed and the impugned award is modified to the extent as mentioned above 14. Certified copy as per rules. Sd/--/-/--------/--/- (Parth Prateem Sahu) Judge Dey