Allowed

Kamal Kishore v. Rajendra Kumar @ Inder Agrawal and Ors.

Chhattisgarh HC2 Sept 2008MAC/359/2006

Case brief

AI extract

What is this about?

In this miscellaneous appeal, the Additional Motor Accidents Claims Tribunal, Baloda Bazar enhanced the compensation awarded in Claim Case No.38/2005. The single judge upheld the enhancement, modifying the amount from Rs.28,259 to Rs.36,259 for pain and suffering and special costs due to the claimant's hospitalization, despite no permanent disability.

What did the court decide?

Compensation enhanced to Rs.36,259 (previously Rs.28,259) including Rs.10,000 for pain and suffering and Rs.3,000 for attendant and special diet.

Kamal Kishore Vs Rajendra Kumar @ Inder Agrawal… — Motor Accident Claims | Chhattisgarh HC (2008)

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SinaieBench ; Hon'bie Shri DiiiD Raosaheb Deshmukh. *J.
-cc.r'"
Kamal Kishore, S/o Late Moti Lal
Sharma, aged 33 years, R/o Village
Hasuwa, Thana and Tahsil Kasdol,
District Raipur (C.G.)
Versiss
Respondents 1. Rajendra Kumar @ Inder Agrawal S/o
Shri Rambhagat Agrawal, aged about 41
resident of Khamtarai, District
yeare,
Raipur, At present residing Vasudevpara,
Pithora.
2. The Oriental Insyrance Company
Limited, through its Branch Manager,
Branch Office Moudahapara,' District
.
Raipur(C.G.) j

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MiscellaneoysAppeatunderSection 173 pfthe SVSotor VehiclesAct.

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Present : -

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Shri Sunil Sahu, counsel for the appe'iant.

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Shri V. A. Goverdhan, counsei for respondent No.1. Shri Sudhir Agrawal, counsel for respondent No.2.

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(Passed on this 2" day of Septembsr,

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Heard finally.

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(2) This is an appeal for enhancement of compensation awarded by the 1 Additional Motor Accidents Ciaims Tribunal, Baloda Bazar (henceforth "the Tnbunal") in Claim Case No.38/2005 by award dated 30-08-2005. The Tribunal has awarded compensation of Rs.28,259/-. From a perysal of the award passed by the Tribunal as also the record of Ciaim Case No.38/2005, it appears that the ! ' \ . claimant was hospitalizedfrom 11-02-2004 to 17-02-2004. An amount of Rs.5,000/- awarded by the Tribunal towards pain and suffering appears to be on the tower side and it would be appropriate to award Rs.10,000/- under the head of pain and sufrering. Similarly, the Tribunal has not awarded any amount either towards cost of an attendant or towards special diet. lr> the facts and cireumstancesofthe case, itappearsjustto award a sumofRs.3,OOQ/-underthe head "Special Diet" and "Cost of an attendant" considering the period of hospitalization of oniy 7 days. Enhancement of compensation on any other count

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2.-

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is unwarranted in view of the fact that no pennanent disabiiity was suffered by the.elaimant.

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(3) In the result; theappeal is al!ov/ed. tn modification of the amount awarded

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by the Tribunal, compensation of Rs.36,259/- is awarded to the claimant.

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Sd/DiUp Raosaheb Deshmuldi Judge

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Tumane
>

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-I

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Kamal Kishore v. Rajendra Kumar @ Inder Agrawal and Ors.

Case brief

What is this about?

What did the court decide?

Kamal Kishore v. Rajendra Kumar @ Inder Agrawal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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