Ram Kishor Sen Vs Shripal Prajapati

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 704 of 2016

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Ram Kishor Sen S/o Mulchand Sen, Aged About 48 Years Occupation Service, R/o Village Sukul Pipariya, Thana Pan Umariya, District Katni:- Madhyapradesh Hall Mukam Odagi, Jethoo Colony Thana And Tahsil Odagi, District Surajpur Chhattisgarh. (Owner Cum Driver)

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---- Appellant

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Versus

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Shripal Prajapati S/o Late Rudan Prajapati, Aged About 50 Years Caste Kumhar, Occupation Agriculturer And Labour, R/o Village Broul Majhapara, Thana Vishrampur, Tahsil And District Surjapur Chhattisgarh. ( Claimant ).

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---- Respondent

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For Appellant : Mr. T.R. Patel, Advocate on behalf of Mr. Vikas Pandey. Advocate. For Respondent : None.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal, J.

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Order on Board

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(24.06.2024)

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1. This appeal has been preferred by owner/driver challenging the award dated 02.02.2016 passed by the learned Motor Accident Claims Tribunal, Surajpur, District – Surajpur (C.G.) in Motor Accident Claim Case No.22/15 awarding a total compensation of Rs. 30,000/- with interest @ 8% per annum, from the date of application till its realization, in favour of the injured claimant.

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2. The gist of the claim before the Claims Tribunal was that on 22.09.2012 at about 04:00 p.m., when claimant Shripal Prajapati

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was going his village Barol to Khopa weekly market, near the house of Chaituram on the main road from village Datima to Salka, the driver Ram Kishore Sen driving the offending motorcycle bearing Registration No. CG 15-CD/7081 in a rash and negligent manner dashed claimant- Shripal Prajapati, due to which he sustained grievous injures and the bone of his right leg got fractured. The claimant- Shripal Prajapati preferred a claim application before the Tribunal claiming compensation of Rs. 1,45,000/-.

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3. Learned Tribunal after considering the evidences brought on record has awarded total compensation of Rs. 30,000/- under other heads against which this appeal has been preferred by the driver/owner.

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4. Learned counsel for the appellant submits that the compensation awarded by the Tribunal is excessive considering the injury sustained by the claimant and prays for modification of the same suitably.

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5. No one appeared on behalf of the respondent.

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6. Heard counsel for the appellant and perused the documents available on record.

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7. Perusal of the record would reflect that the accident took place on 22.09.2012. On account of the accident, the metacarpal bone of the little finger of the right leg of claimant-Shripal Prajapati got fractured for which he was admitted in the District Hospital, Ambikapur for about 3 days from 22.09.2012 to 25.09.2012. The claimant did not have to bear the medical expenses as the same was paid through smart card. However, considering the fact that the claimant would have had to incur some expenses on transport, special diet, attendant and also suffered physical and mental agony, the Tribunal has awarded compensation of Rs.30,000/- under the said heads which does not appear to be proper. Therefore, considering the fact that there was a fracture

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only in metacarpal bone of the little finger of right leg of the claimant, he is awarded compensation of Rs. 15,000/- under other heads instead of Rs. 30,000/- as awarded by the Tribunal.

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8. In the result, the appeal is partly allowed . The claimant shall be entitled for compensation of Rs. 15,000/- instead of Rs. 30,000/as awarded by the Tribunal. The impugned award stands modified to the above extent and rest of the conditions shall remain intact.

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9. Record of the tribunal along with copy of this judgment be sent forthwith for compliance and necessary action, if any.

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Sd/-

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(Sanjay Kumar Jaiswal) Judge

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Raghu Jat

Ram Kishor Sen v. Shripal Prajapati

Case brief

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Ram Kishor Sen v. Shripal Prajapati

Case brief

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