High Court enhanced compensation for appellant in motor accident appeal to Rs. 3,91,535/- by increasing heads for pain, loss of amenity, and future medical expenses, and directed payment within 90 days with interest.
Compensation enhanced to Rs. 3,91,535/- to be paid within 90 days; interest @ 9% for delay.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 1542 of 2016
---- Petitioner
Versus
---- Respondent
For Petitioner : Shri Abhishek Sharma, Advocate. For respondent No.2 : Shri K. Rohan and Amrito Das, Advocates.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
Order On Board
13/09/2017
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insurer of the offending vehicle. Claim was filed before the learned tribunal below which was contested by the respondents and impugned award has been passed in which total compensation of Rs.2,41,535/- was granted to the appellant.
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disabled and unable to do his work normally. In cross-examination, he has stated that prior to the accident, he was working as Property Dealer and also doing the work of General Insurance, which are the field work and for which he had to go out, but after the disability he is unable to move on motorcycle.
Anyhow, it appears that the assessment made by the tribunal regarding loss of income of the appellant need no interference because there was no documentary proof on record. However, the compensation granted under the head of pain and suffering is on the lower side and therefore it is enhanced to Rs.50,000/-. The assessment under the loss of amenity is also on the lower side which is enhanced to Rs.50,000/-. No assessment has been made under the head of future expenses as it was a finding of the doctor that the disability caused to the appellant was progressive in nature which implies that he would require future treatment for the accidental injury as well. Hence, under that head the compensation of Rs.1 lakh is awarded to the appellant. There is no need to interfere with the compensation awarded under the other heads by the learned tribunal below. Hence, after the enhancement in heads and additional compensation and taking in calculation all the other compensation awarded by the Tribunal a total of 3,91,535.00/- is the compensation for which appellant is entitled accordingly.
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10.In the result, the appeal is allowed. No order as to costs.
Sd/-
( Rajendra Chandra Singh Samant )
JUDGE
Nisha.
2 issues framed by the court
Whether the appellant is entitled to enhancement of compensation in a motor accident appeal?
Whether future medical expenses should be awarded despite no specific assessment in the tribunal below?
Vivek Shrivastava
D. R. Kori
Iffco Tokio General Insurance Company Limited
Rajendra Chandra Singh Samant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
