Extracted from the PDF above. The PDF is authoritative.
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CGHC010307012018
2026:CGHC:31290
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1624 of 2018 Branch Manager, H.D.F.C. Argo General Insurance Company Limited, Branch Office - 3rd Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. (Insurer Of Truck No. CG-04-JD-0568)
--- Appellant versus 1 - Meena Netam, D/o. Late Ganesh Ram Netam, Aged About 20 Years, R/o. Ravatpura Sarkar Institute Girls Hostel, Block No. 27, Thana Rakhi, New Raipur, District Raipur, Chhattisarh. (Claimant) 2 - Janak Lal Sahu, S/o. Rameshwar Sahu, Aged About 48 Years, R/o. Village Charbhatha, Thana Dongargaon, Tahsil And District Rajnandgaon, Chhattisgarh. Potential Address - M/s J.J. Associate, Paradise Home, H.No. 01, Near DNH Heights, Lalpur Thana Tikrapara, Tahsil And District Raipur, Chhattisgarh. (Driver Of Truck No. CG-04- JD-0568)
3 - M/s J.J. Associate, Paradise Home, H.No. 01, Near DNH Heights, Lalpur, Thana Tikrapara, Tahsil And District Raipur, Chhattisgarh. (Owner Of Truck No. CG-04-JD-0568).
--- Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.23 17:20:58 +0530
2 For Appellant : Mr. Ashish Pandey, Advocate For Respondent No.1 : Ms. Pranauti Das, Advocate on behalf of Mr. Goutam Khetrapal, Advocate & MAC No. 222 of 2019 Meena Netam, D/o. Late Ganesh Ram Netam, Aged About 20 Years, R/o. Rawatpura Sarkar Institute Girls Hostel, Block No. 27, Police Station Rakhi, New Raipur, District Raipur, Chhattisgarh. (Claimant)
--- Appellant Versus 1 - Janaklal Sahu, S/o. Rameshwer Sahu, Aged About 48 Years, R/o. Village - Charbhatah, Police Station - Dongargaon, Tahsil And District Rajnandgaon, Chhattisgarh. Another Address M/s. J.J. Associates, Paradise Home House No. 1, Near DNH Heights, Lalpur, Police Station - Tikrapara, Tahsil And District Raipur, Chhattisgarh. (Driver Of Truck No.
C.G. 04/JD-0568). 2 - M/s J.J. Associates, Paradise Home House No. 1, Near DNH Heights, Lalpur, Police Station Tikrapara, Tahsil And District Raipur, Chhattisgarh. (Owner Of Truck No. C.G.- 04/JD-0568) 3 - The Branch Manager, H.D.F.C. Argo General Insurance Company Limited, Branch Office - Third Floor Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh. (Insurer Of Truck No. C.G. – 04/JD-0568).
--- Respondents
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For Appellant : Ms. Pranauti Das, Advocate on behalf of Mr. Goutam Khetrapal, Advocate For Respondent No.3 : Mr. Ashish Pandey, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board 22.07.2026
1. Against the impugned award dated 27.06.2018 passed by the learned Eighth Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.594/2015, the insurance company has preferred MAC No.1624/2018 seeking reduction of the amount of compensation whereas the claimant has preferred MAC No.222/2019 seeking enhancement of the amount under award.
2. Since common question of law and facts are involved in both the appeals, they are clubbed together, heard together and disposed of by this common order.
3.
Learned counsel appearing for the insurance company would submit that income of the injured/claimant was not proved as she was tutor and, therefore, income of Rs. 4000/- per month taken by the learned Claims Tribunal is on higher side and, as such, the compensation amount may be reduced.
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4.
Learned counsel appearing for the claimant would submit that just and proper compensation has not been awarded and, therefore, the amount of compensation awarded under the head of income and other heads deserves to be enhanced.
5. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and gone through the records meticulously.
6. After hearing learned counsel appearing for the parties and after going through the record, I do not find any merit in the appeal filed by the insurance company, the same deserves to be and hereby dismissed.
7. So far as the appeal of the claimant is concerned, this Court is recomputing the compensation as below:- Heads Compensation awarded by the Claims Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 4000 x 12 = Rs. 48,000/- Rs. 5,959 x 12 = Rs. 71,508/- Multiplier of 18 Rs. 48,000 x 18 = Rs. 8,64,000/- Rs. 71,508 x 18 = Rs. 12,87,144/- Future prospects 50% Rs. 4,32,000/- Rs. 6,43,572/- Medical Bill Rs. 68,820/- Rs. 68,820/- For physical & mental agony Rs. 50,000/- Rs. 1,00,000/-
5 For transportation & nutritious diet Rs. 10,000/- Rs. 50,000/- For attendant Nil Rs. 20,000/- For future treatment Nil Rs. 80,000/- For loss of amenities Nil Rs. 50,000/- Total Rs. 5,60,820/- Rs. 10,12,392/-
8. In view of the aforesaid analysis, the amount of compensation of Rs. 5,60,820/- awarded by the Claims Tribunal is enhanced to Rs. 10,12,392/-. Hence, after deducting the amount of Rs. 5,60,820/-, the claimant is entitled for an additional amount of Rs. 4,51,572/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall also carry interest @ 8% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
9. Accordingly, the appeal of insurance company is dismissed and the appeal of claimant is partly allowed. The impugned award is modified to the extent as indicated herein-above.
Sd/- (Sanjay K. Agrawal) Ashok
Judge