The High Court of Chhattisgarh rejected an appeal seeking enhancement of motor accident compensation. The court found the awarded amount just as no proof of grievous injury or permanent disability was established.
The appeal for enhancement of compensation is dismissed summarily.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
M.A.fQNo. 386 of 2010.
| Appellant | . Keshav Yadav, aged 16 years, S/o. Late Jai Singh Yadav through Natural Gardian Smt. Sarita Yadav aged 35 years. r/o. Ward No.10, Shastri Nagar, Bhilai, District Durg (CG). |
|---|---|
| VERSUS | |
| Respondents 1. |
Yogesh Kumar Yadav, aged 20 years, S/o. Kirit Ram Yadav, r/o. Parsabhata, Balco, P.S.Balco, District Korba |
| (Driver of offending Jeep CG/12/D/0366) |
|
| 2. | Narendra Singh, S/o. Swarna Singh, R/o. M.P.E.B. Colony, Balco, District Korba. |
| (Owner of offending Jeep CG/12/D/0366). |
|
| 3. | Regional Manager, United India Insurance Company, opposite to Krishna Complex, Raipur. |
| (Insurance Co. offending Jeep CG/12/D/0366) |
|
| Appeal U/S. 17 | 3oftheMotorVehiclesAct. |
Present: Shri Anurag Jha, counsel for the appellant.
ORDER
(09thApril,2010)
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The following order of the Court was passed by Rajeev Gupta, CJ.
The appellant is seeking enhancement of the compensation awarded by 8th Additionat Motor Accident Claims Tribunal, Durg, (for short 'the Tribunal') vide award dated 11.12.2009, passed in Claim Case No. 147 of 2008.
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accident; the fact that the claimant could not establish that the injuries sustained by him in the motor accident were of grievous nature and resulted in any permanent disability, we are satisfied that the compensation of Rs.24,559/- awarded by the Tribunal, is just and proper compensation in the facts and circumstances of the present case and does not call. for any enhancement in this appeal.
hereby dismissed summarily.
Sd/Chief Justice
Sd/R.N. Chandrakar Judge
subbu
3 issues framed by the court
Whether the compensation awarded by the Tribunal for minor injuries needs enhancement in this appeal.
Whether the claimant has established grievous nature of injuries or permanent disability.
Whether the appeal for enhancement of compensation is liable to be dismissed.
2 provisions across 1 enactments
Keshav Yadav
Yogesh Kumar Yadav
Narendra Singh
Regional Manager, United India Insurance Company
Rajeev Gupta
Rangnath Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
