Jitu @ Vijender Yadav Vs Chitaranjan Malik

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

M.A.(C) No. 388 of 2019

Jitu @ Vijender Yadav, S/o Shri Sheshnag Yadav, aged about 22 Years, R/o Through House Of Prachi Lal Jain Below Of New Talab Gudhiyari Thana Raipur District Raipur Chhattisgarh

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--- Appellant

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Versus

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Chitaranjan Malik, S/o Shadev Malik, aged about 28 Years, R/o Village Belgadhiya Post Madhavpur ,thana Chandrakona District Pashchim Maidanipur (Pashchim Bangal) (Driver Of The Offending Vehicle Truck Bearing Registration No. W.B. 33/c/1971), District : Medinipur, West Bengal

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Amit Prasanna Mishra, S/o Kali Prasanna Mishra, R/o Through Geriya (Uttar) Post Santbankura Thana Gadhbeta District Pashchim Maidinipur (Pashchim Bangal) (Owner Of The Offending Vehicle Truck Bearing Registration No. W.B. 33/c/1971), District : Medinipur, West Bengal

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National Insurance Company Limited, Through Branch Manger Address Mobin Mahal G.E. Road Raipur Chhattisgarh (Insurer Of The Offending Vehicle Truck Bearing Registration No. W.B. 33/c/1971), District : Raipur, Chhattisgarh

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--- Respondents

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For Appellant : Shri A.L. Singroul, Advocate For Respondent No.3 : Shri Sanjay Patel, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order on Board

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07/02/2024

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1. Challenge in this appeal filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellants/claimants is against the award dated 11/09/2018 passed by Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.) in Claim Case No. 590/2016.

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2. By the impugned award, against a claim of Rs.33,50,000/-, the learned Tribunal has awarded Rs.12,22,061/- as compensation in favour of the appellant / claimant on account of injuries sustained by him in an accident that occurred on 16/03/2016 by rash and negligent driving of the offending vehicle Truck bearing registration WB/33/C/19716 by respondent No. 1 / driver and owned by respondent No.2 / Owner and insured with the respondent No. 3 / Insurance company.

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3. As per the pleadings of the claim application filed under sections 166 and 140 of the MV Act, on the date of accident i.e. 16/03/2016 the appellant was going from Jhaki (Abhanpur) to Jharkhand and his truck tyre was puncture near Kumlaid stream. While he was repairing the tyre with proper indicator on, at about 02:00 in the night, the driver of the offending vehicle dashed the truck of appellant / claimant from behind by which the appellant / claimant sustained grievous injuries on his left hand and leg which were fractured. He was treated in Ambedkar Hospital, Raipur from 17/03/2016 to 19/03/2016. Thereafter, he was admitted to VY Hospital, Raipur from 19/03/2016 to 03/04/2016 and during its treatment his left leg was operated and amputed near ankle. Rod, plate and screw was inserted by operating his left hand. Fifteen stitches were placed on his head. The appellant / claimant became permanent disabled. The appellant / claimant was aged at bout 22 years on the date of accident and was earning Rs.8,000/- per month working as Khalasi in a Truck bearing registration No.CG/04/JD/6791 and sustained severe injuries on his person and also amputation of his left leg near the ankle. He spent huge amount of money for treatment and become permanent disabled.

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4. The claim application was resisted by the respondent on various grounds. The respondent No. 3 / Insurance Company took a plea that there is a violation of terms and conditions of Insurance Policy, therefore the insurance company may be exonerated.

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5. The learned Tribunal framed as many as six issues and decided the same in favour of the appellant / claimant and awarded above stated compensation.

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6. Learned counsel for the appellant / claimant submits that he is not aggrieved by the assessment income of the deceased and assessment of compensation on account of loss of earning capacity as a result of the disablement sustained and medical treatment. However, he submits that meager amount of compensation which has been awarded under all other conventional head like attendant, transportation, nutritional diet, future medical treatment etc. is on lower side which may suitably be enhanced by this Court.

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7. Learned counsel for respondent No. 3 / Insurance Company supports the award and submits that the appellant / claimant just compensation has been awarded.

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

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9. In light of the evidence on record this court awards the compensation in the following manner:-

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S.No.	Head	Amount
1.	Loss of future earnings (as awarded by learned Tribunal)	Rs.9,97,920
2.	Treatment (as awarded by learned Tribunal)	Rs.1,59,141/-
3.	Attendant	Rs.15,000/-

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4.	Transportation	Rs.15,000/-
5.	Nutritional Diet	Rs.15,000/-
6.	Future Treatment	Rs.50,000/-
7.	Mental & Physical agony	Rs.1,00,000/-
8.	Loss of amenities, enjoyment of life	Rs.1,00,000/-
	Total compensation	Rs.14,52,061/-

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10. After deducting Rs.12,22,061/- as awarded by learned Tribunal, the appellant / claimant held entitled for enhanced compensation of Rs.2,30,000/- with 6% interest from the date of claim application till realization to be paid by respondent No. 3 / Insurance Company within 60 days from today. On deposit 90% amount shall be invested in the name of appellant as fixed deposit in a nationalized Bank for 03 years. Remaining amount be disbursed to him by bank transaction / account payee cheque.

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11. In the result, the appeal is allowed in part with modification in the award

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impugned to the above extent.

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Ashish

Jitu @ Vijender Yadav v. Chitaranjan Malik

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Jitu @ Vijender Yadav v. Chitaranjan Malik

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