1 2025:CGHC:12994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 287 of 2020 1 - Ankush Garg S/o Shri Vijay Kumar Agrawal Aged About 18 Years R/o Village - Pithora, Police Station And Tehsil - Pithora, District - Mahasamund Chhattisgarh ….. Appellant versus 1 - Pradeep S/o Shri Budhram Sahu Aged About 32 Years R/o Trikrapara, Police Station And Tehsil - Pithora, District - Mahasamund Chhattisgarh ( Driver Of Offending Vehicle Truck C.G. 04 Jd 2511 ), 2 - Kamaljeet Singh Khanuja, S/o. Shri Ajeet singh Khanuja, aged about 52 years, R/o. Ward No. 15, Pithora, Police Station And Tehsil - Pithora, District - Mahasamund Chhattisgarh ( Registered owner of offending Vehicle Truck C.G. 04 Jd 2511), 3 - The New India Insurance Company Limited Through Its Branch Manager, Branch Office - First Floor Taank Business, Above Karnataka Bank Fafahdih Chowk, District - Raipur Chhattisgarh ( Insurer Of Offending Vehicle Truck C.G. 04 Jd 2511). --- Respondent(s) For Appellant : Mr. Surfaraj Khan, Advocate For Respondent No.3 : Mr. Anil Gulati, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.03.21 10:49:23 +0530 2 19/03/2025 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 Additional Motor Accident Claims Tribunal (FTC), Mahasamund, District – Mahasamund (for short ‘the Claims Tribunal’) vide award dated 06.11.2019 passed in Claim Case No.H-138/2018 thereby allowing application in part and awarding Rs.92,000/- as compensation in an injury case. 2. Facts relevant for disposal of this appeal are that on on 01.02.2018 at about 4.00 o’clock, when appellant was going to village Tendukona from his motorcycle at that time the offending vehicle truck bearing registration No.CG 04 JD 2511, which was coming from Tendukona, driven by respondent No.1 rashly and negligently, dashed the motorcycle of the appellant, due to which, he fell down and sustained severe injuries. He was taken to Primary Health Center and thereafter he was referred to the hospital at Raipur where he remain admitted from 01.02.2018 to 06.02.2018. In the aforementioned accident, claimant-appellant suffered various grievous injuries including on face, left hand and his motor cycle was totally damaged. 3. Appellant filed an application under Section 166 of the Act of 1988 seeking total compensation of Rs.7,80,000/- pleading therein that due to the accident he suffered various severe injuries over his body. On the date of accident, he was running Garg Telicom Idea Distributorship with his father and earning Rs.20,000/- per month. On account of motor-accidental injuries, he is now unable to perform his work in the 3 manner as he was doing prior to accident and thus suffered loss of income. Claimant has also sought compensation under all other heads as are available to him like medical expenses, special diet, future medical expenses, pain and sufferings etc. 4. Non-applicant Nos.1 & 2/driver and owner of offending vehicle, submitted reply and resisted the claim. It was further pleaded that accident was result of rash and negligent driving of motorcycle by claimant. It was pleaded that at the time of accident, appellant was not having any valid license to drive motorcycle, amount of compensation claimed is highly exaggerated. 5. Non-applicant No.3-Insurer of offending vehicle, submitted reply to claim application, while denying the pleadings made therein, has further pleaded that accident was a result of self negligence of claimant. Non-applicant No.1-driver was not having valid and effective driving license, there was breach of condition of insurance policy, hence, insurance company is not liable to pay any amount of compensation. 6. Upon appreciation of pleadings and evidence placed on record by respective parties, the learned Claims Tribunal held that accident occurred due to rash and negligent driving of driver of offending vehicle by non-applicant No.1, due to which the appellant suffered injuries. Breach of Policy condition was not found to be proved. Tribunal allowed application in part, awarded total compensation of Rs.92,000/- alongwith interest @ 9% per annum, fastened liability upon non-applicant No.3-Insurance Company to pay the amount of compensation. 4 7. Learned counsel for appellant submits that Tribunal erred in awarding meager amount of compensation. It is submitted that learned Claims Tribunal has not awarded any amount towards loss of income. Appellant suffered grievous injuries and took treatment as in-patient from 01.02.2018 to 06.02.2018 at Shivam Hospital, Raipur. It is submitted that the learned Claims Tribunal failed to award proper and suitable compensation towards pain and suffering and special diet. He prays that amount of compensation be suitably enhanced. 8. Learned counsel for respondent No.3-Insurance Company opposes the submission of learned counsel for appellant. He would submit that the learned Tribunal has awarded just and proper compensation on each and every head. He would further submit that the claimant has failed to prove the expenditure of expenses under the above stated heads by leading clinching evidence. 9. I have heard learned counsel for the parties and perused the record. 10. So far as the submission with regard to enhancement of amount of compensation awarded by Claims Tribunal is concerned, perusal of the record would show that the age of the appellant at the time of incident was 17 years. After the incident he was taken to Government Hospital, Pithora and thereafter he was referred to Shivam Hospital, Raipur where he remain admitted for six days and surgery was also performed and in the month of May, 2018 he was completely recovered from the accident. Appellant has not placed on record any evidence with regard to permanent disability but looking to the nature of injuries sufferred by appellant and the fact that on the date of accident, he was only 17 years of age and further taking into 5 consideration the fact that the Claims Tribunal has not awarded any amount under the head of special diet and pains & suffering, I deem it proper to award an amount of Rs.15,000/- towards pain and suffering and Rs.5,000/- towards special diet. 11. Accordingly, the appeal is allowed in part. Now claimant -appellant shall be entitled for Rs.20,000/- in addition to compensation awarded by the Claims Tribunal which makes the total compensation of Rs.1,12,000/- (Rs.92000 + 20000). This amount of compensation shall carry simple interest @ 9% p.a. from the date of filing of claim application till its realization. Respondents No.1 to 3 are jointly and severally liable to satisfy the amount of compensation. Rest of the conditions mentioned in the impugned award shall remain intact. Any amount already paid to claimant-appellant as compensation shall be adjusted from the total amount of compensation as calculated above. Sd/- (Parth Prateem Sahu) Judge Balram