The Court enhanced compensation for injury in a motor accident from Rs. 15,000 to Rs. 44,000, noting the Tribunal's award was based on lower assessment of pain, income loss, and medical needs.
Compensation enhanced from Rs. 15,000 to Rs. 44,000 with 6% interest. Respondents directed to deposit enhanced amount within 60 days.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Appeal (C) No. 1735 of 2017
Balaram Bhatpahri S/o Shri Ganeshram Bhatpahri, Aged about 38 Years, R/o Nayapara, P.S. and Tahsil Balodabazar, District Balodabazar, Chhattisgarh.
---- Appellant/Claimant
Versus
( Driver and Owner of Offending Vehicle No. C.G. 22 AB 5220)
( Insurer of Offending Vehicle No. C.G. 22 AB 5220)
---- Respondents
For Appellant : Mr. Pushpendra Kumar Patel & Ms. Nand Kumari Kashyap, Advocates For Respondent No. 2 : Mr. Sourabh Sharma, Advocate
Hon'ble Shri Justice Arvind Kumar Verma
Order on Board
27/02/2024
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from Primary Health Centre, Kasdol and thereafter referred to Raipur for better treatment. During treatment, Bhagwat Jangde died on the same day. Accident was reported to Police Station -Kasdol based upon which crime was registered against non-applicant No.1, after completion of investigation, charge-sheet was also filed before the Court of Competent Jurisdiction.
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motorcycle under the influence of alcohol and collided with vehicle No. CG-22-AB-5220 parked on the roadside. On the date of accident, the said vehicle was insured with nonapplicant No.2/Insurance Company. Thus, there is no negligence on his part and if the appellant is found entitled for any compensation then, non-applicant No.2/Insurance Company is liable to pay the same.
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| Sl. No. | Particular | Awarded by the Tribunal (in Rs.) |
|---|---|---|
| 1. | For medical expenses | 5,000/- |
| 2. | For pain and agony | 5,000/- |
| 3. | For special diet | 2,000/- |
| 4. | For loss of income of 15 days |
3,000/- |
| 5. | Total compensation | Rs.15,000/- |
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material available on record, this Court is recomputing the compensation as below:-
| Sl. No. | Particular | Awarded by the Tribunal (in Rs.) |
|---|---|---|
| 1. | For pain and agony | 15,000/- |
| 2. | For special diet | 7,000/- |
| 3. | For attendant | 7,000/- |
| 4. | For loss of income of six weeks |
10,000/- |
| 5. | For transportation | 5,000/- |
| 6. | Total compensation | Rs.44,000/- |
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Sd/(Arvind Kumar Verma) Judge
Vasant
2 issues framed by the court
Whether the compensation awarded by the Tribunal for motor accident injuries was adequate and based on proper appreciation of evidence?
Whether the compensation should be enhanced considering the nature of injuries, loss of income, and medical expenses?
2 provisions across 1 enactments
Balaram Bhatpahri
Ravindra Kumar
The Manager, Future General India Insurance Company Limited
Arvind Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
