Onkar Sahu Vs Raspal Singh

Raspal Singh S/o Late Nirmal Singh, Aged About 43 Years, Resident Of Near Malsai Talab, Maruti Nagar, Sector-04, Professor Colony, Raipur, Ward No. 62, Police Station Purani Basti , District Raipur Chhattisgarh...(Vehicle Driver)

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Navpreet Singh Garcha S/o Late Preetam Singh Garcha, Partner, Kanker Roadways, In Front Of Gandhi Udyan, Civil Line , Raipur Chhattisgarh....(Vehicle Owner)

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The New India Insurance Company Limited, Divisional OfÏce-1, Raipur, First Floor Tank Business Tower, Above Karnataka Bank , Near Station Road, Fafadih Chowk, Raipur Chhattisgarh..(Insurance Company)

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... Respondents

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Digitally signed SHYNA by SHYNA AJAY Date: AJAY 2024.08.1216:37:26 +0530

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(Cause Title download from CIS Periphery)

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For Appellant : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.3 : Mr. Pankaj Agarwal, Advocate

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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09/08/2024

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This appeal has been filed by the appellant/claimant being aggrieved by he impugned award dated 30.9.2019 passed in Claim Case No.18/2019 by the Motor Accident Claims Tribunal, Dhamtari, District Dhamtari (CG) for enhancement of the compensation awarded to him.

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It is an injury case. On the date of the accident i.e. 20.5.2018, the injured/claimant was driving his TVS Motorcycle bearing registration No.CG 05/S/5710 and heading towards Swami Satsang Bhawan Rudri. When he reached near the Petrol Pump of Sambalpur Dhamtari, a bus bearing registration No. CG 19F/0504, being driven rashly and negligently by respondent No.1, lost control and dashed the aforesaid motorcycle from behind, as a result of which, the injured/claimant sustained grievous injuries including fractures in his hand and leg and by performing operation, metal rod was inserted therein. He was admitted in Ramkrishna Care Hospital, Raipur for a

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few days. At the time of the accident, the appellant was aged about 40 years. It was alleged that he was working as a Labour ( Hamali ) in a Company and used to earn Rs.15,000/- per month (no document or evidence was produced in that behalf). This gave rise to filing of the claim petition by the claimant under Section 166 of the Act against the respondents, out of which, this appeal arises, claiming compensation for the injuries sustained by him and for grant of other claims arising out of injuries sustained. The respondents contested the claim. Parties adduced evidence.

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The Tribunal on appreciating the entire evidence adduced by the parties partly allowed the claim petition. It awarded a sum of Rs.25,000/- towards grievous injuries, Rs.1,37,430/- towards medical expenses and Rs,15,000/towards pain and mental agony. In this way, a total sum of Rs1,77,430/- was awarded to the claimant.

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Learned counsel for the appellant argued that the compensation awarded by the Tribunal is grossly inadequate as against the total compensation of Rs.11,95,000/- claimed. The Tribunal has awarded Rs.1,37,430/- towards expenses of medical treatments on the basis of bills. However, for determining the amount of compensation, it has taken into consideration and allowed the vouchers/bills, which have proved as per the prescription, and wrongly disallowed some of the bills of

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about Rs.5000/-, only on the ground that no prescription has been filed in support thereof. Learned counsel for the appellant submits that the Tribunal has not awarded any compensation towards the heads- transportation, special diet and attendant. Lastly, learned counsel for the appellant submits that the compensation awarded ought to be suitably enhanced with regard to expenses for medical treatment also.

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On the contrary, learned counsel for the Insurance Company would support the impugned award.

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Heard learned for the parties and also perused the record with utmost circumspection.

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The claimant, who is aged about 40 years, was doing labour work and he sustained injury in a road accident that occurred on 20.5.2018. The Tribunal has awarded compensation of Rs.25,000/- towards grievous injury sustained by the claimant and Rs.15,000/- towards pain and sufferings and further, Rs.1,37,430/- towards expenses for medical treatment only with regard to the vouchers/bills, which were proved as per the prescription. However, the Tribunal has not granted compensation towards the other heads taking into account the nature of injuries, the period of hospitalisation and the nature of duties performed by the claimant.

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This Court has gone through the evidence adduced by the claimant on the issue of injury sustained by him. Taking into consideration the nature of injury, as a result of which, he claims to be not as fit as he was prior to accident in his day-to-day work, resulting in reducing his capacity to do some extent of work (loss of income), the expenditure incurred in receiving medical treatment in actual, Transportation, Special Diet and Attendant due to his involvement in accident, I am inclined to allow the appeal in part by awarding compensation under the following heads in addition to the compensation already awarded by the Tribunal :

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Serial No.	Heads		Compensation Amount
1.	Transportation		Rs.10,000/-
2,	Special Diet		Rs.15,000/-
3.	Attendant		Rs.10,000/-
4.	Loss of Income		Rs.10,000/-
5.	Medical Treatment	not	Rs.15,000/-
	supported with bills
6.	Total		Rs.60,000/-

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In the light of foregoing, the appellant is entitled to receive a total compensation of Rs.60,000/-. So far as award of compensation under the other heads is concerned, it is upheld being just and proper.

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In this view of the matter, the appeal succeeds and is allowed in part. The impugned award is modified to the extent indicated above. The enhanced sum mentioned above shall carry interest at the rate of 6% per annum from the date of application i.e. 11.1.2019 till its realization. The aforesaid amount shall be deposited within a period of 60 days.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Shyna

Onkar Sahu v. Raspal Singh

Case brief

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Onkar Sahu v. Raspal Singh

Case brief

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