Deewa Dewar Vs Amit Kumar

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 291 of 2021

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1 - Deewa Dewar S/o Sarpanch Dewar, Aged about 27 Years, Ward No. 11, Nayapara, Mahasamund , Tahsil and District Mahasamund Chhattisgarh., District : Mahasamund, Chhattisgarh

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---- Appellant

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Versus

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1 - Amit Kumar S/o Ambika Prasad, Aged About 22 Years, R/o Village Chouhanpur, Police Station Motigarpur, District Sultanpur, Uttar Pradesh, Present R/o Bhiali Power House, Cement Company, Police Station Chawani, District Durg Chhattisgarh. (Driver of Vehicle Truck Bearing Registration Truck No. MH 31/AB/6502), District : Durg, Chhattisgarh

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2 - Messrs Cement Carriers, Satpal Singh , R/o Satkar Complex , Ring No. 2, Bhanpuri, Raipur , District Raipur Chhattisgarh. (Registered Owner of Vehicle Truck Bearing Registration Truck No. MH 31/AB/6502)

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3 - The National Insurance Company Limited, Through The Branch Manager, The Branch Office G.E. Road , Mobin Mahal, 3^rd Floor, Infornt of Jila Sahakari Kendriya Bank, Raipur District Raipur Chhattisgarh. (Insurer of Vehicle Truck Bearing Registration Truck No. MH 31/AB/6502)

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---- Respondent s

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(Cause-title taken from Case Information System) For Appellants : Mr. Amit Kumar Sahu, Advocate on behalf of Mr. Raj Kumar Pali, Advocate. For Respondent No.3 : Mr. Raj Awasthi, Advocate.

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Hon’ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board

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18.04.2024

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Though the matter has been listed on admission, however, with the consent of the parties it has been heard finally.

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This appeal under Section 173 of the Motor Vehicles Act, 1988 (in short, MV Act) is filed against the impugned award dated 06.03.2020 passed by the Motor Accident Claims Tribunal, Mahasamund (C.G.) (in short, the Claims Tribunal) in Claim Case No.H-32/2019, whereby the learned Claims Tribunal has awarded Rs. 25,000/- as compensation to the appellant who injured in an Motor Accident.

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This is an injury case. The Claimant’s case is that on 20.09.2018, he along with the Vikky Dewar was going to drop their childrens to their school by

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motorcycle, near Congress Bhawan, main road chowk, the offending vehicle truck bearing Registration No. MH-31 AB 6502 coming from opposite direction by rashly and negligently dashed the motorcycle by which he received injuries. He immediately taken to Aditya Hospital, Mahasamund where he remained hospitalized from 20.09.2018 to 26.09.2018. He received injuries on his shoulder, hands and other parts of the body.

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On a claim application filed by the appellant before learned Claims Tribunal, Rs. 25,000/- has been awarded in favour of the appellant towards compensation, hence this appeal for enhancement.

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Learned counsel for the appellant would submit that no amount towards his injuries has been awarded by the learned Claims Tribunal, only the medical expenses and one month income has been awarded. The learned Claims Tribunal has not awarded any amount towards future medical expenses. He would also submit that amount awarded towards the conveyance assistance and pain and suffering is also on lower side and, therefore the amount of compensation is liable to be suitably enhanced.

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On the other hand, learned counsel for the insurance company/respondent No.3 would submit that learned Claims Tribunal has rightly assessed the compensation and has awarded Rs. 25,000/- considering the overall facts and circumstances of the case and also the evidence available on record. Therefore, the amount awarded by the learned Claims Tribunal is justified. Learned counsel for the respondent-insurance company would also submit that the treating doctor has not been examined in the present case and therefore, in absence of the same there is no scope for any enhancement of the compensation amount.

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I have heard learned counsel for the parties and perused the record.

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From perusal of the evidence led by the parties before the Claim Tribunal, it appears that on 20.09.2018, the appellant met with an accident by the offending vehicle truck bearing registration No. MH-31 AB 6502 by which

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he received injuries on his body. He remained hospitalized from 20.09.2018 to 26.09.2018 and taken treatment. Although the appellant is submitted the bill of medical expenses for Rs. 14,400/- vide Ex.P-28, but considering the present cost of treatment as also the appellant hospitalized for about 7 days, the amount awarded to the appellant is appears to be on the lower side. The amount is awarded towards assistance, special diet, conveyance and also for pain and suffering also appears to be on the lower side. Therefore, I am of the view that a consolidated amount of Rs.15,000/- more requires to be awarded to the appellant. Thus, the appellant is entitled for the enhanced compensation of Rs.15,000/-. Therefore, a consolidated amount of Rs.15,000/- is awarded to the appellant in addition to whatever amount awarded by the learned Claims Tribunal. The amount enhanced by this Court shall carry interest at the rate of 6 percent per annum from the date of his claim application till its actual payment.

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The amount of compensation enhanced by this Court shall be paid by the insurance company within a period of 60 days from today.

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With these modifications in the impugned award, this appeal is partly allowed.

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Sd/(Ravindra Kumar Agrawal) Judge

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alok

Deewa Dewar v. Amit Kumar

Case brief

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Deewa Dewar v. Amit Kumar

Case brief

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