In an appeal against an award of Rs.75,000 compensation for injuries sustained in a motor accident, the High Court held that the Tribunal properly considered all facts and the compensation quantum was not exorbitant.
The miscellaneous appeal under Section 160 of the Motor Vehicles Act was dismissed as devoid of merits.
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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BEFORE THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR
^iigle Beneb
M.A.(Q No. JiA^ of 2014
APPELLANT : -^The Oriental Insurance Company NON-APPLICANT Limited, through Divisional, The No.3 ^riental Insurance Conipany ^^Chawla Complex, Sai Nagar Devendra Nagar, Raipur, District - Raipur (C.G.). (Insurer of vehicle truck no. C.G.04-ZC-3996) &b^''' ^yt VERSUS ^^•^' RESPONDENTS :1. Lekh Ram Dhruv S/o Ratan Dhmv, R/o village Chandari, Post Damakheda, District - Raipur (C.G.) CLAIMANT 2. Salvinder Singh S/o Jagir Singh, R/o M.D.-148, Veer Sawarkar Nagar, Hirapur, Raipur, P.S. Amanaka, Tashil and District - Raipur(C.G.) (Driver ofvehicle truck no. C.G.04-ZC-3996) NON-APPLICANT N0. 1 3. Sardar Surjeet Singh S/o Sahid ^' Singh, R/o Builder Friend Carrier, Tatibandh, Raipur, District - Raipur (C.G.). (Owner-ofvehicle truck no. C.G.04-ZC-3996) NON-APPLICANT N0. 2
APPEAL UNDER SECTIPJL1730F MOTOR VEHICLES ACT.
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HIGH COURT OF CHHATTISGARH AT BILASPUR
(Single Bench: Hon'ble Shri Justice P. Sam KoshyJ
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M. A. IC\ No. 127 of 20 14
ApoeUant The Oriental Insurance Company Limited
VERSUS
Resnondents Lekh Ram Dhruv and others
Present: Shri H. B. Agrawal, Sr. Advocate along with Ms. Meera Jaiswal, counsel for the appellant.
..OM AJL O R D E R
le present is -xf: ^air; under Sectio&llfi of Motor '<< hicles Act challefigl dated 30.11.20 iS passed by the First Additional [ent Claims Tribunal, Raipur in Claim Case No.69/20lNA^c;II
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the motorcycle because of darkness could not see the wrongly parked truck as there was no parking light or any sort of indication and dashed from behind the truck as a result of which the claimant sustained grievous injuries whereas his friend Jitendra Sahu who was traveUing along with him succumbed to the injuries sustained from the said accident. According to the claiinant, he had fracture of his left ankle and he was hospitalfced for about three months and in the course of treatment, he met substantial expenses towards medical for compensation 'o^yiW'expenses, the disabUityS41|a^so fbr loss of ae in between. . ^.jl?^ ^_ ^\ Taking into cc^ pleadings and the evidences on record the Court award dated 30.11.2013 held that the claimant is en|^^|compensation of Rs.75,000 as a whole along with int^g^^annum from the date of filing oftheapplication. ^^^
(5' Counsel for the appeUant submits that the tosurance Company in the instant appeal is mainly contesting the appeal on account of the fact that the Insurance Company of the motorcycle was also a necessa^ party and the liabUity should have been bomeequalfybytheftvo Insurance Companies for the accident sustained. He lurth^Tubmits that the quantum of compensation granted by the Tribunal is also on th, higher side taking into consideration the nature of injuries sustained by the
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claimant which was only a fractiu-e of his left ankle.
same is dismissed.
Sd/P. Sam Koshy Judge
2 issues framed by the court
Whether the quantum of compensation awarded by the Motor Accidents Claims Tribunal was exorbitant and warranted interference.
Whether the omission to implead the motorcycle insurance company as a necessary party warrants setting aside the award.
2 provisions across 1 enactments
The Oriental Insurance Company Limited
Lekh Ram Dhruv
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
