Partly allowed

Chandrakant Singh v. Raju Sahu

Chhattisgarh HC20 Feb 2024MAC/33/2019

Case brief

AI extract

What is this about?

Claimant appealed against Tribunal award of Rs. 1,55,356/- for injuries from a truck accident, seeking enhancement. No disability certificate or doctor was examined. The High Court awarded an additional Rs. 35,000/- payable by the insurer within 60 days and partly allowed the appeal.

What did the court decide?

Additional compensation of Rs. 35,000/- payable by respondent No. 3/insurance company within 60 days.

Chandrakant Singh Vs Raju Sahu — Insurance | Chhattisgarh HC (2024)

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NAFR

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H IGH COURT OF CHHATTISGARH, BILASPUR MAC No. 33 of 2019

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Chandrakant Singh S/o Arjun Singh Thakur Aged About 33 Years R/o Village Putpura Thana Navagarh District- Bemetara, Chhattisgarh.

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---- Appellant

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Versus

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Raju Sahu S/o Radhey Lal Sahu Aged About 29 Years R/o Near Karhi School Police Chouki Sargaon District- Mungeli, Chhattisgarh.

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Ashok Kumar S/o Kamta Prasad Sahu Aged About 42 Years R/o Kharkena Thana Hirri, District- Bilaspur, Chhattisgarh.

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The New India Insurance Company Limited Divisional Office, Rama Tred Centrer, 1st Floor, Old Bus Stand Road Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh..

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---- Respondents

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--------------------------------------------------------------------------------------------For the Appellant : Mr. Arjun Lal Singroul, Advocate For Respondent No. 3. : Mr. Shivendu Pandya, Advocate

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__________________________________________________________

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

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Order dated - 21.02.2024

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1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ the M.V Act”) has been filed by the appellant/claimant, being aggrieved by an award dated 29.08.2018 passed by the learned Claims Tribunal, Mungeli, District- Mungeli (C.G.) in claim case No. 40/2016.

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1. By the impugned award against a claim of Rs. 14,50,000/-, the learned Tribunal has awarded compensation to the Rs. 01,55,356/- in favour of the appellant/claimant, on account of the injury sustained by him in an accident that took place on 29.12.2015 by rash and negligent driving of offending vehicle (Truck) bearing registration No. C.G-10-C-6828, driven by respondent No. 1/Raju Sahu, owned by respondent No.2/Ashok Kumar and insured with the respondent No.3/The New India

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Insurance Com. Ltd. The appellant/claimant pleaded in his claim application that as a result of the accident, the appellant/claimant suffered grievous injuries on his right leg and also underwent a surgery, due to which steel rod implanted in his right leg. He remained admitted in Mundada Hospital, Bilaspur for his treatment dated 23.12.2015 till 03.01.2016. He spend huge amount for his treatment, therefore, the above stated compensation was claimed.

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1. The claim application was resisted by the respondents on various grounds including the Respondent no. 3/insurance company filed its written statement and denied the averments of the claim application and pleaded that the driver of the offending vehicle was not having valid and effective driving licence and there is violation of terms and condition of the insurance policy.

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1. The Learned Tribunal framed 4 issues and decided the same in favour of the appellant/claimant and awarded above stated compensation.

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1. Mr. Arjun Lal Singroul, learned counsel for the appellant/claimant vehemently argued that the amount of compensation on other heads is also on the lower side. Hence, suitable enhancement may be made by this Court.

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1. Mr. Shivendu Pandya, learned counsel for the respondent No. 3. supports the award and submits that neither disability certificate was filed nor any doctor was examined, therefore, the findings of the learned Tribunal is justified and just compensation has been awarded, which does not required any interference.

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1. I have heard the learned counsel for the parties and considered their rival submissions and also perused the record.

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1. The learned Tribunal awarded the compensation to the appellant/claimant in the following manner; Rs. 01,28,356/- for medical treatment, Rs. 18,000/- for loss of earning, Rs. 9,000/- for other heads. After perusal of the records, it appears that neither disability certificate was filed nor any doctor was examined. The learned Tribunal thus, considering the material available on record awarded above stated compensation.

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1. However, the appellant/claimant has suffered fracture and also undergone a surgery. Considering the entire evidence circumstances of the case that ends of justice would meet an additional amount of compensation of Rs. 35,000/- shall be awarded under all relevant heads to make the compensation just in favour of the appellant/claimant in addition to the amount already awarded. The amount of compensation Rs. 35,000/- shall be paid by the insurance company/respondent No. 3. within a period of 60 days.

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10) Consequently, the appeal is partly allowed.

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Sd/-

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(Sachin Singh Rajput) Judge

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H.Ansari

Chandrakant Singh v. Raju Sahu

Case brief

What is this about?

What did the court decide?

Chandrakant Singh v. Raju Sahu

Case brief

What is this about?

What did the court decide?

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