Partly allowed

Johan Lal Verma v. Sanjay Yadav and Others

Chhattisgarh HC5 Apr 2011MAC/204/2006

Case brief

AI extract

What is this about?

In a miscellaneous appeal under Section 173 of the Motor Vehicles Act, the High Court of Chhattisgarth allowed an appeal filed by a motor accident claimant seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal. The Court found the original award low and granted an additional Rs. 11,000 inclusive of interest, directing the insurer to deposit the sum within three months.

What did the court decide?

Enhanced compensation of Rs. 11,000/- (inclusive of interest) was awarded to the claimant in addition to the earlier amount of Rs. 86,200/-, with a direction to the insurer to deposit the same within

Johan Lal Verma Vs Sanjay Yadav and Others — Motor Accident Claims | Chhattisgarh HC (2011)

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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DIVISION BENCH

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CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.

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Misc. Appeal (Cl No. 204 of 2006

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Appellant	Johan	Lal Verma	s/o Milan	Ram
Claimant	Verma,	aged abou	t 44 years.	R/o
	Village	Chandina	Potice St	ation
	Magario	ad, distt. Dh	amtari C.G.

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		VERSUS
Respondents	1.	Sanjay Yadav s/o K.L. Yadav r/o Back side of Shiwan Bhawan, irrigation Colony, Raipur Civil Line, RaipurTahsil &district RaipurC.G. (Drwer of the alleged Bus No. C.G.04E-0231)
	2.	Narendra Thwari s/o N.P. Tiwari r/o. offlce Maa Sharda Travel New Bus Stend Raipur Tahsil & Distt.-Raipur C.G. (Owner of the alleged Bus No. C.G.04E-0231)
	3.	The New India tnsurance Co. Ltd. through Divisional Offlce, Madina Building Jail Road, RaipurC.G. (Insurance ^{Company of the^-alt^ed} Bus No.C.G.04E-0231)

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MtSC. APPEAL UNDER SECTION 173 OF THE MOTOR VEH8CLESACT.1988.

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Present: Shri Vivek Rathore, counsel for the appellant. Shri A.K. Prasad, counsel for respondent No.2. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3.

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ORDER

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(05m ;th^{April, 2011)}

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•«•"• • ':'?"?''j^."e;<^?SW?''re3SS<!'''I

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The following order of the Court was passed by Rajeev Gupta, C.J.

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Appellant/ Ctaimant Johan Lat Verma te seeking enhancement of the compensation awarded by the Eighth Additional Motor Accident Claims Tribunal, Raipur (for short the Tribunal') vide award dated 07.02.2006, passed in Claim Case No.44/2005.

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As against the compensation of Rs.12,00,000/- claimed by the appellanV claimant by flling a claim petition under Sectron 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 06.04.2005, the Tribunat awarded a total sum of Rs.86,200/- as compensation along with intere^ @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

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The Tribunal on a ctose scrutiny of the entire evidence led before it held that claimant Johan Lal Venna sustained multipte serious injuries including fractures in the motor accident on 06.04.2005; the accident occurred due to rash and Bjegligent driving of the driver of the offending vehicte Bus bearing registration No.C.G.04E/0231; as the above offendtng vehicle Bus on the date of the accident was insurai with the New Indla Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant.

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As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality.

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The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.51,163/- towards medical expenses; Rs.15,000/- towardspain and suffering; Rs.15,(XX)/- towards loss in the future earning capacity; Rs.3,000/- for special diet; and Rs.2,000/- for conveyance. The Tribunal, thus, assessed the totat compensation payable to the claimant at Rs.^,163/-, which was rounded off to Rs.86,200/-. The Tribunal, thus, awarded a total compensation of Rs.86,200f- to the claimant for the injuries sustained by him in the motor accMent. The Tribunal further directed of interest on the above amount of payment compensation of Rs.86,200/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment.

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Shri Vivek Rathore, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.86,200/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motw accident.

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Shri Sudhir Agrawat and Shri P: Dutta, teamed counsel for respondent No.3 the New India Insurance Gompany Limited, on the other hand, supported the award and contemled that the

compensation of Rs.86,200/- awarded by the Tribunaf is just and proper compensation in the facts and circumstances of the present case.

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Shri A.K. Prasad, learned counsel for respondent No.2, Narendra Tiwari, the owner of the offending vehicle Bus also supported the award.

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Claimant Johan Lat Verma was aged about 45 years on the date of the accident. He was an agriculturist. The claimant susteined fractures in the motor accident is established from the evidence of AW2 Dr. Sandeep Sahu. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on aecount of the fractures could not have undertaken theagricultural operatior®for a period of about 4-6 months, resulting in monetary loss to him.

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The compensation of Rs.86,200/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our optnion, Is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering alt the relevant aspeets of the matter, we are of the opinion that further awardof Rs.11,000/- inclush/e of interest component on the enhanced amount of compensation would make the compensation of Rs.86,200/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the pr^nt case.

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(^/

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The appeal filed by the appellant/ ctaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.86,200/- awarded by the Tribunat. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Clatms Tribunal.

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No order as to costs.

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Sd/Sd/Ransnath Chandrakar Chief Justice

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subbu

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Johan Lal Verma v. Sanjay Yadav and Others

Case brief

What is this about?

What did the court decide?

Johan Lal Verma v. Sanjay Yadav and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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