Partly allowed

Ramkhilawan Nirmalkar v. Tulesh Vaishnav

Chhattisgarh HC8 Aug 2024MAC/75/2020

Case brief

AI extract

What is this about?

Appeal against the Motor Accident Claims Tribunal's award in a road accident claim. The High Court enhanced the compensation by adding amounts for loss of income, pain and suffering, attendant diet, transportation, and medical costs beyond what the Tribunal awarded.

What did the court decide?

Enhanced compensation of Rs.1,05,000/- with interest at 6% per annum deposited within 60 days.

Ramkhilawan Nirmalkar Vs Tulesh Vaishnav — Motor Accident Claims | Chhattisgarh HC (2024)

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2024:CGHC:30236

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 75 of 2020

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Ramkhilawan Nirmalkar S/o Rama Nirmalkar Aged About 42 Years R/o Village- Karesara, Police Station City Kotwali Mungeli, District- Mungeli Chhattisgarh,

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... Appellant

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Versus

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Tulesh Vaishnav S/o Satyadev Vaishnav Aged About 31 Years R/o Chatkhar, Police Station City Kotwali Mungeli, District Mungeli Chhattisgarh (Driver),

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Santosh Kumar Vaishnav S/o Vidyavrat Vaishnav Aged About 45 Years R/o Javahar Ward, District Mungeli Chhattisgarh (Owner),

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The Branch Manager Iffco Tokiya General Insurance Company Limited, 1st Floor Glaxi Highgest, Near I.C.I.C.I. Bank Vyapar Vihar, Basidesh Sanjay Apartment, Bilaspur, District Bilaspur Chhattisgarh (Insurance Company),

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... Respondents

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For Appellant : Shri RK Pali, Advocate. For Respondent : Shri Ujjwal Choubey on behalf of Shri Vaibhav No.3 Shukla, Advocate.

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Hon'ble Shri Deepak Kumar Tiwari, J

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Order On Board

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09/08/2024 :

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Digitally
signed by
KRISHNA
KRISHNA KUMAR
KUMAR BARVE
BARVE Date:
2024.08.12
17:23:54
+0530

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The appellant/claimant has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the award dated 19.7.2019 passed by the Motor Accident Claims Tribunal, Mungeli in Claim Case No.33/2018, whereby the Tribunal has awarded a compensation of

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Rs.1,31,058/- along with interest @ 9% from the date of filing of claim petition.

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Facts of the case, in brief, are that on the date of the accident i.e. 8.12.2017, the appellant/claimant along with his friend namely, Tirith Ram Nirmalkar was returning on motorcycle from Mungeli to his house situated at village Karesara. When they reached near village Sheetalkunda, respondent/non-applicant No.1, who was driving the offending vehicle i.e. Eco Sports Car bearing registration No.CG-28/B6349 rashly and negligently, came from the opposite side and dashed against them (i.e. the appellant & his friend), as a result of which the appellant and his friend Tirithram had received grievous injuries. They were initially treated at Government Hospital, Mungeli and thereafter the appellant was referred to the CIMS Hospital, Bilaspur, where he was admitted from 9.12.2017 to 14.12.2017.

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The appellant herein had filed a claim petition before the Tribunal, inter alia, seeking compensation on account of injuries sustained by him in the said accident. He pleaded that at the time of accident, he was aged about 40 years and was doing laundry as well as agricultural work and thereby he used to earn Rs.500-600/- per day. Because of the said accident, he is unable to perform his work and is facing physical, mental and financial crises. Thus, total compensation of Rs.22,00,000/- with interest was sought.

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The Claims Tribunal, after hearing learned counsel for the parties and on the basis of material available on record, awarded a compensation of Rs.1,31,058/-. Hence this Appeal.

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Learned counsel for the appellant submits that the Tribunal has awarded meagre amount of Rs.1,31,058/- only, though the appellant/ claimant has sustained grievous injuries. The Tribunal has not awarded any compensation towards pain & suffering, treatment and

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transportation and a composite amount of Rs.10,000/- was awarded towards attendant and special diet. The Tribunal has allowed cost of treatment which was supported with medical bills, however, refused to award the other amount on the ground that the appellant/claimant might not be possessing some bills with him. Further, the Tribunal has awarded lesser amount towards loss of income. Therefore, learned counsel for the appellant prays that the amount of compensation may be suitably enhanced.

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On the other hand, learned counsel for the respondent-Insurance Company would support the impugned award.

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I have heard learned counsel for the parties at length and perused the records carefully.

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Perusal of the discharge ticket of the appellant/claimant which was issued by the CIMS, Bilaspur shows that the appellant was hospitalized from 9.12.2017 to 14.12.2017 for treatment of fractures in various parts of the body like right thigh, fibula and right middle finger. After discharging from the said hospital, the appellant has taken treatment in Sanjivani Hospital, Bilaspur where he was operated.

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Admittedly, the appellant/claimant was doing laundry and agricultural works. The Tribunal has awarded an amount of Rs.3,000/- per month towards loss of income. Considering the nature of injuries caused to the appellant/claimant, this Court deems it appropriate to award additional amount of Rs.20,000/- on this head.

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For pain and suffering, no award has been made by the Tribunal. Considering the facts and circumstances of the case, Rs.40,000/- is added under this head.

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Towards attendant and special diet, a lump sum amount of Rs.20,000/is awarded and the same shall be modified under each head i.e. Rs.10,000/- separately.

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For transportation, no award has been made. Considering the facts and circumstances of the case, this Court deems it appropriate to award Rs.10,000/- under this head.

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For cost of treatment, the award was passed only in respect of medical bills produced by the claimant. Considering the nature of injuries, this Court deems it appropriate to award additional amount of Rs.25,000/under this head.

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Accordingly, this Court would revise and enhance the compensation as

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under:-

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Sr. No.	Particulars	Additional amount awarded bythis Court
1.	Loss of income	Rs.20,000/-
2.	Pain and suffering	Rs.40,000/-
3.	Attendant and Special diet	Rs.10,000/-
4.	Transportation	Rs.10,000/-
5.	Cost of treatment	Rs.25,000/-
	Total award	Rs.1,05,000/-

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Thus, the appellant/claimant is held to be entitled for enhanced amount

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of compensation of Rs.1,05,000/-, in addition to the award passed by the Claims Tribunal, from the date of filing of the claim petition i.e. 8.5.2018, along with interest @ 6% per annum. The aforesaid amount shall be deposited within a period of 60 days from the date of receipt of a copy of this order.

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With the aforesaid modification, the Appeal is disposed of.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Barve

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Ramkhilawan Nirmalkar v. Tulesh Vaishnav

Case brief

What is this about?

What did the court decide?

Ramkhilawan Nirmalkar v. Tulesh Vaishnav

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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