Allowed

Gangadhar Kashyap v. Nishan Singh

Chhattisgarh HC5 May 2024MAC/193/2019

Case brief

AI extract

What is this about?

Appeal for enhancement of motor accident compensation for permanent disability of a petrol pump operator. The court raised monthly income from Rs. 4,500 to Rs. 6,000 with 40% future prospects, applied multiplier of 17 with 52% disability, and enhanced compensation by Rs. 3,70,982.

What did the court decide?

Enhanced compensation of Rs. 3,70,982 with 6% interest; Rs. 2,00,000 to be kept in fixed deposit, balance paid via bank transaction.

Gangadhar Kashyap Vs Nishan Singh — Motor Accident Claims | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MAC No. 193 of 2019

¶5

Gangadhar Kashyap sonof Meethu Ram, Caste Bhatara, aged about 29 years, R/o Village Latur, Police Chowki Bastar, District Bastar, CG

¶6

---- Appellant/Claimant

¶7

Versus

¶8

Nishan Singh son of Surendra Singh, Caste Sikh, aged about 41 years, Occupation Vehicle Driver, R/o Village Devpuri Basti Gurudwara Amardas Room No. 4, Post Devpuri, PS Tikarapara, Raipur, District Raipur, C G (Driver)

¶9

Smt. Kamaljeet Kour, wife of late Satwant Singh Gil, Vehicle Owner R.o New Bus Stand, Mahendra Bus Service, New Bus Standm, Pandari, Raipur, District Raipur, CG (Owner)

¶10

Branch Manager, The Oriental Insurance Company Limited, Branch Laxman Avenue, Mahrani Hospital Road, Jagdalpuur, District Bastar,CG (Insurer)

¶11

---Respondents

¶12

For appellant Shri Praveen Dhurandhar, Advocate - For respondents No. 3 Shri N.K. Malviya, Avocate

¶13

Order on Board by Hon'ble Shri Justice Sachin Singh Rajput

¶14

06.05.2024

¶15

This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 29.11.2018 passed by Motor Accident Claims Tribunal (for short “Tribunal”) Bastar at Jagdalpur, CG, in Claim Case No. 97/2016.

¶16

This is an appeal for enhancement of the compensation amount for the accidental injury and permanent disability of the appellant/claimant. Learned Tribunal awarded Rs. 8,23,510/- as compensation as against the claimed one Rs. 31,90,000/-. Hence this appeal.

¶17

Counsel for the appellant submits that learned Tribunal has committed

¶18

an error in not properly appreciating the evidence the material available on

¶19

¶20

record and that the compensation awarded is extremely on the lower side, and therefore may be suitably enhanced.

¶21

Counsel for respondent No.3 however supports the award impugned to be just and proper.

¶22

Heard counsel for the parties and perused the record.

¶23

Learned Tribunal after considering the material on record has awarded the compensation of Rs. 8,23,510/- which looking to the injuries suffered by the appellant/claimant who was working as a Petrol Pump Operator appears to be a bit on the lower side. Learned Tribunal has taken the monthly income of the appellant/claimant at Rs. 4,500/- which in the facts and circumstances of the case and the legal position existing as of now, is replaced by Rs. 6,000/-. Adding 40% towards future prospects i.e. Rs. 2,400/-, the monthly income of the injured who at the time of accident was aged about 30 years comes to Rs.8,400/- and Rs. 1,00,800/- per annum. Taking the permanent disability on account of the injuries suffered in the accident into consideration the loss of annual income to the extent of 52% as taken by the Tribunal takes the figure to Rs. 52,416/-. After applying the multiplier of 17, the total loss of income comes to Rs. 8,91,072/-. Order accordingly. Adding the amount of Rs. 01,97,420/- awarded by the Tribunal for medicines during treatment the compensation rises to Rs. 10,88,492/-. This apart, further adding Rs. 15,000/- towards transport expenses, Rs. 9,000/- for keeping an attendant, Rs. 30,000/- towards physical pain and mental agony, Rs. 20,000/- for loss of amenities, Rs. 20,000/- for future treatment, all awarded by the Tribunal are maintained, and an extra amount of Rs. 12,000/- is awarded towards loss of earning during treatment. The total compensation thus comes to Rs. 11,94,492/.- After deducting Rs. 8,23,510/- already awarded by the Tribunal, the enhanced compensation for which the appellant is now entitled to, comes to Rs. 3,70,982/-

¶24

¶25

This enhanced compensation to be deposited within sixty days from today will carry interest @ 6% from the date of this order till realization. On that being done, Rs. 2,00,000/- shall be invested in the name of the appellant/injured in fixed deposit in a nationalized bank for a period of 02 years. Remaining amount shall be paid to him through bank transaction.

¶26

Appeal thus allowed in part.

¶27

Sd/-

¶28

(Sachin Singh Rajput) Judge

¶29

Jyotishi

Gangadhar Kashyap v. Nishan Singh

Case brief

What is this about?

What did the court decide?

Gangadhar Kashyap v. Nishan Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Sangeeta Chandak Vs Bhanwar Lal Rathi

Deepak Kumar Tandan Vs Tejpal Sahu

Somendra Pouranik Vs New Jeevan Bus Service

Deleted (Etwa Ram Minj) (Died) Vs Krishna Kumar Singh

Smt. Bhan Bai Vs Akash Goyal

Smt. Mankunwar Vs Sah Bhumi Sanrakshan Adhikari