In this miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988, the High Court of Chhattisgarh affirmed the compensation of Rs. 2,36,760/- awarded by the Tribunal for a 40% permanent disability.
The appeal filed for enhancement of compensation is dismissed; no order as to costs.
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.
HIGH COURTOF CHHATTISGARH AT BILASPUR DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
| Mis | c. App | eal(0 No. 770 of2006 |
|---|---|---|
| ADpellant Claimant |
: | Dharmendra Kumar Banchor, aged about 30 years,S/o Shri Bishesar LalSarthi, R/o Mathpurena, Nearthe Halka Talab, Raipur, Police Station- Tikrapara, PO Sundarnagar, Riapur District- Raipur (CG) "i |
| VERSUS1 | ||
| Respondents Non-claimants |
1. | Lalchand Chandel, S/o Gangadhar Chandel, aged about 28 years, R/o Phuljhar, PO & Police-Station - Somni, District- Rajnandgaon (CG) |
| 2. | SB Sharma, S/o RS Sharma, R/o Infront of Housing Board Colony, Borsi, Durg District- Durg (CG) |
|
| 3. | The Oriental Insurance Company Limited, through Divisional Manager, Divisional Office, Kutehery Chowk, Jail Road, Raipur District—Raipur (CG) |
MISC. APPEAL UNDER SECTION 173 OF THE IVIOTOR VEHICLES ACT. 1988.
Present: Shri Shivendu PandyS, counsel for the appellant. Shri Sudhir Agrawal and Shri P Dutta, courtsel for respondent No.3.
ORDER
rth (07tnApril,2011)
The following order of the Court was passed by
Rajeev Gupta, C.J.
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Appellant/ Claimant Dharmendra Kumar Banchor is seeking enhancement of the compensation awarded by the 12 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 27.09.2006, passed in Claim Case No.52/2006.
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motor accident and the amount proved to have been spent on treatment, awarded Rs.1,87,680/- towards loss in the future earning capacity; Rs.11,480/towards medical expenses; Rs.15,000/- towards pain and suffering; Rs.8,000/- for special diet, atfendant and conveyance; Rs.4,600/- towards loss of income during the period of treatment; Rs.10.000/- towards future medical expenses. The Tribunal, thus, awarded a total sum of Rs.2,36,760/-, as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.2,36.760/- @ 7.5% per annum from the date offiling ofthe claim petition till the date ofactual payment.
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be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza.
, Sd/; ) ChiefJustice
w- R.N. Ch.andi'aSk'ar r-fo-'
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3 issues framed by the court
Whether the compensation of Rs. 2,36,760/- awarded by the Tribunal qualifies as just and proper compensation warranting enhancement.
Whether the low compensation award resulted from the court or tribunal's error given the claimant's 40% permanent disability.
Whether the appeal for enhancement of the motor accident compensation award is maintainable.
1 provisions across 1 enactments
Dharmendra Kumar Banchor
Lalchand Chandel
SB Sharma
The Oriental Insurance Company Limited
Rajeev Gupta
Rangnath Chandra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
