Partly allowed

Rajendra Sahu v. Vyash Narayan

Chhattisgarh HC13 Feb 2024MAC/462/2019

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh partly allowed an appeal against a Motor Accident Claims Tribunal award. While upholding the Tribunal's findings on future earning capacity, the Court enhanced compensation by Rs. 50,000 under various conventional heads due to the lower amount awarded relative to the injuries.

What did the court decide?

Enhancement of compensation by Rs. 50,000 under various conventional heads to be paid by the insurance company within 60 days.

Rajendra Sahu Vs Vyash Narayan — Motor Accident Claims | Chhattisgarh HC (2024)

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NAFR

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H IGH COURT OF CHHATTISGARH, BILASPUR MAC No. 462 of 2019

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Rajendra Sahu S/o Baliram Sahu Aged About 32 Years Occupation Asst. Electrician, R/o Nayatalab, Gudhiyari, Raipur, Teh. And DistrictRaipur, Chhattisgarh.

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---- Appellant

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Versus

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Vyash Narayan S/o Purushtom Singh Thakur R/o Village Trra, P.S. Patan, Teh. And District- Durg, Chhattisgarh.

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Harshad Bhai P. Burad S/o Premji Bhai Govind Bhai Ji Burad R/o House No.1, Lokmanya Grih Nirman Society, Gole Chowk, Rohnipuram, Raipur, Teh. And District- Raipur, Chhattisgarh.

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Tata A.I.G. Genral Insurance Company Limited Through Branch Manager, Branch Office No. 403, 4th Floor, D.B.C.T. Corporate Park, Plot No.-1, Block No.-1, Rajbandha Field, Raipur, Teh. And DistrictRaipur, Chhattisgarh.

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---- Respondents

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For the Appellant : Mr. Arun Shukla, Advocate For Respondent No.3. : Mr. Sourabh Sharma, Advocate

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

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14.02.2024

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1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellant/claimant, being aggrieved by the award dated 25.10.2018 passed by the learned Additional Motor Accident Claims Tribunal, Raipur, District- Raipur, (CG) in Claim Case No. 307/2016.

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1. By the impugned award, against a claim of Rs. 08,50,000/-, the learned Tribunal has awarded compensation of Rs. 03,69,529/- to the appellant/claimant, on account of the injury sustained by him in an accident that took place on 19.02.2016 by rash and negligent driving of the offending vehicle (Car) bearing Registration No. C.G.-04-KR0902, driven by driver- Vyash Narayan, owned by owner- Harshad

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Bhai P. Burad & insured with the respondent No. 3/Tata A.I.G. General Insurance Co. Ltd.

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1. As per the pleadings of the claim application filed under Section 166 read with Section 140 of Motor Vehicles Act, 1988 (for short M.V. Act), the appellant/claimant suffered severe injuries in the aforesaid accident including fracture on his right leg. He was admitted in Chhattisgarh Hospital, Raipur from 19.02.2016 to 04.03.2016 . As a result of the injuries sustained, he is not able to perform his work. The said accident was reported to the Police Station- Azad Chowk, Raipur upon which under Crime No. 47/2016, offence under Sections 279, 337, 338 of the IPC was registered against the respondent No.1/Driver and after due investigation charge sheet was filed in the competent Court. Further pleadings of the claim application reflects that the appellant/claimant was aged about 32 years and was working as a Assistant Electrician in N.I.T. as daily wage employee and used to earn Rs. 294/- per day. He has been permanently disabled, hence under the various heads, the appellant/claimant claimed total compensation as stated above.

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1. Respondent No. 1 & 2/Driver & owner filed their written statement and denied the averments of the claim application and pleaded that the driver of the offending vehicle was holding valid and effective driving licence; the offending vehicle was insured with the respondent No.3/insurance company; and any liability to pay the compensation is upon the respondent No.3/insurance company.

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1. Respondent No.3/Insurance company in usual course, denied the averments of the claim application and pleaded that the offending

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vehicle was not involved in the alleged accident, the driver of the offending vehicle was not holding valid and effective driving licence and there is a violation of terms and conditions of insurance policy. Hence, the insurance company may be exonerated form payment of compensation.

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1. On the basis of the above pleadings, the learned Tribunal has framed 5 issues and after appreciating the material available on record decided the same in favour of the appellant/claimant and awarded above stated compensation.

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1. Mr. Arun Shukla, learned counsel for the appellant/claimant argued that the amount of compensation is on the lower side, looking to the injuries and disablement suffered by the appellant/claimant. The amount awarded under all other conventional heads is also on the lower side. Hence, suitable enhancement may be made by this Court.

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1. Mr. Sourabh Sharma, learned counsel for the respondent No.3. supports the award and submits that findings of the learned Tribunal is justified and just compensation has been awarded.

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

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1. After the assessment, the learned Tribunal has awarded the compensation in the following manner; Rs. 78,910/- for treatment and expenses in AIIMS Hospital, Raipur; Rs. 40,339/- for treatment and expenses in Chhattisgarh Hospital; Rs. 3000/- for attendant; Rs. 3000/for special diet; Rs. 18,000/- for loss of earning during treatment for three months; Rs. 01,61,280/- for loss of future earning capacity; Rs.

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20,000/- for future treatment; Rs. 20,000/- for pain and suffering; Rs. 20,000/- for loss of enjoyment of life.

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1. The learned Tribunal after due assessment of evidence of the Doctor A. A. Saifi (Aw-2) and considering the disability certificate (ex-P-111), found that the appellant/claimant suffered 10% loss of his earning capacity in future. This finding appears to be just and based upon proper appreciation of evidence and is hereby maintained. The bills which have been placed before the learned Tribunal have been duly considered and awarded by the learned Tribunal, however, amount of compensation on all other conventional heads appears to be on lower side. Hence, looking to the injuries sustained and admission period, medical treatment of the appellant/claimant in order to make the compensation just, this Court further awards compensation to the tune of Rs. 50,000/- under all conventional heads. The amount shall be paid within a period of 60 days by the respondent No.3/insurance company from the date of receipt of the copy of this order.

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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

Rajendra Sahu v. Vyash Narayan

Case brief

What is this about?

What did the court decide?

Rajendra Sahu v. Vyash Narayan

Case brief

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What did the court decide?

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