Dismissed

Devki Bai v. Manharan and Others

Chhattisgarh HC15 Jun 2012MAC/517/2007

Case brief

AI extract

What is this about?

The High Court dismissed the appellant's appeal against the Motor Accidents Claims Tribunal award of Rs. 65,597 towards medical expenses. The Court held that upon the claimant's death during trial, the petition could be prosecuted only for expenses incurred before death, precluding claims for future loss of income. Thus, no enhancement was warranted.

What did the court decide?

The appellant's appeal for enhancement of compensation was dismissed with no order as to costs.

Devki Bai Vs Manharan and Others — Civil Procedure and Limitation | Chhattisgarh HC (2012)

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HIGH COURT OF CHHATTISGARH AT BILASPUR 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 (C) No. 517 of 2007

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Appellant Devki Bai, w/o late Shri Bisahu Ram Claimant Sahu, aged about 42 years, r/o Nandkatti, tahsil and district Durg C.G.

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VERSUS

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Respondents Manharan, s/o Shri Tularam Nishad, aged about 30 years, r/o Nandni, P.S. Nandni, distt. Durg C.G. Driver

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Pradeep Kumar Gupta, s/o Bishambar Lal gupta, r/o Ganjpara, Durg, Distt. Durg, C.G. Owner

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Branch Manager, the National Insurance' Company Limited Gil Complex Durudwara Road, Durg, tahsil and district Durg C.G. Insurer

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Memo of apDeal under Section 173 of Motor Vehicle Act

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Present: Shri Jitendra Gupta, counsel for the appellant. Shri Raj Awasthi, counsel for respondent No.3.

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ORDER (15thJune,2012) \ *< The following order of the Court was passed by \

Rajeev Gupta, C.J.

M.A.C.No.517of2007

This is claimant's appeal for enhancement of the compensation awarded by the Eighth Additional Motor Accidents Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 16.06.2006, passed in Claim Case No. 13/2006.

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As against the compensation of Rs.5,20,000/- claimed by original claimant Bisahu Ram Satiu by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 31.05.2003, the Tribunal awarded a total sum of Rs.65,597/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

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During the pendency of the claim petition before the Tribunal, injured Bisahu Ram Sahu died on 19.04.2005 and thereafter the claim petition was prosecuted by his widow Devki Bai, present appellant before us in this appeal.

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The Tribunal on a close scrutiny of the entire evidence led before it held that injured/ claimant Bisahu Ram Sahu sustained multiple serious injuries in the motor accident on 31.05.2003; the acddent occurred due to rash and negligent driving of the claimant himself and the driver of the other vehicle Truck bearing registration No.C.G.-07-ZC/3487; as the above offending vehicle Truck, on the date of the accident, was insured with the National Insurance Company Limited and the Insurance Company could \ not establish ahy breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant.

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M.A.C.No.517of2007

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As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above findings recorded by the Tribunal, the same now have 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.30,000/- towards loss of income during the period of treatment; Rs.29,997/- towards medical expenses; and Rs.5,600/- for attendant. The Tribunal, thus, awarded a total sum of Rs.65,597/- as compensation for the injuries sustained by Bisahu Ram Sahu in the motor accident. The Tribunal further directed of interest on the above amount of payment compensation of Rs.65,597/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment.

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Shri Jitendra Gupta, learned counsel for the appellant vehemently argued that the Tribunal has erred in not considering the appellant's claim petition for the death of Bisahu Ram Sahu; and in awarding low compensation of Rs.65,597/- only, though injured Bisahu Ram Sahu died on account of the injuries sustained by him in the motor accident. 8) Shri Raj Awasthi, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending \ vehicle Truck, 6n the other hand, submitted that the Tribunal has erred in awardingscompensation to the claimant though the claim

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MAC.No. 517 of 2007

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petition after the death of injured Bisahu Ram Sahu was not maintainable.

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The law now is well settled that a claim petition filed by an injured claiming compensation for the injuries sustained by him in the motor accident after his death during the pendency of the claim petition can be prosecuted by his legal representative only for a limited purpose.

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The bills and vouchers produced by the claimant before the Tribunal in regard to medical expenses were to the extent of Rs.29,997/- and the Tribunal has awarded this entire amount of Rs.29,997/- towards medical expenses.

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The Tribunal has rightly not awarded any sum towards loss in the future earning capacity on account of the permanent disability as injured Bisahu Ram Sahu died during the pendency of the claim petition and his legal representative cannot claim any compensation in that behalf.

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For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal.

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The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed.

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No order as to costs.

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Sd/Chief Justice

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Sd/R.N. Chandrakar Judge

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subbu

Devki Bai v. Manharan and Others

Case brief

What is this about?

What did the court decide?

Devki Bai v. Manharan and Others

Case brief

What is this about?

What did the court decide?

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