Kripalu Yadav v. Pradeep Kumar Yadav

Chhattisgarh HC9 Jul 2025MAC/273/2019

Case brief

AI extract

What is this about?

The High Court affirmed the liability on both the driver and owner of an uninsured vehicle for accident compensation. While the appeal by the driver was dismissed, the court modified the award to place primary liability on the owner and enhanced compensation for the claimant from approximately Rs.1.15 lakh to Rs.2.41 lakh, including interest.

What did the court decide?

Compensation enhanced to Rs.2,41,400/- with 8% interest; primary liability on owner; driver's appeal dismissed.

What the court decided

Kripalu Yadav Vs Pradeep Kumar Yadav — Insurance | Chhattisgarh HC (2025)

¶36

12. So far as the grounds raised in the cross objection is concerned, the claimants have pleaded that she suffered permanent disability, resulting in loss of income also. The disability certificate is filed as Ex.P/66 issued by the Medical Board mentioning 75% permanent impairment. In the note, there is specific mention that the condition of the patient/claimant is likely to improve re-assessment is recommended after a period of one year after surgery. The Claims Tribunal has not awarded any amount towards the permanent disability or the grievous injuries, the claimant has not even submitted any document that she underwent surgery after period of one year and have further approached the Medical Board for re-assessing her disablement. In the aforementioned facts of the case, where respondent No.2/claimant failed to comply with observation made by the Medical Board and getting herself reexamined after one year, in the opinion of this Court, she will not be entitled for the compensation for loss of income due to permanent disability, however, looking to the nature of injury, which she suffered on his left leg in particular knee and ankle, the respondent No.2/Claimant suffered grievous injuries over her person. No compensation is awarded on the said head, and therefore, I find it appropriate to award compensation of Rs.15,000/- towards the grievous injuries, learned Claims Tribunal has awarded only Rs.5,000/towards pain and suffering, which is less in the facts of the case and looking to the nature of the injuries, I am inclined to enhance the amount of compensation under the head of pain and suffering to Rs.10,000/-. The learned Claims Tribunal has awarded less amount of compensation under the head of conveyance/transportation, the claimant is a resident of Ambikapur and she also took treatment from Ram Krishna Care Hospital Raipur, she submitted the bill of transport of Dev Tour & Travels Ex.D/13 to Ex.D/17 and also the bus tickets travelling from Raipur to Ambikapur and Ambikapur to Raipur.

¶39

Particulars	Compensation
A) Medical bill and doctors fees	Rs.76,400/-
B) Conveyance Expenses	Rs.10,000/-
C) Loss of income during treatment	Rs.20,000/-
D) Pains and suffering	Rs.10,000/-
E) Attendant	Rs.10,000/-
F) Grievous Injuries	Rs.15,000/-
Total	Rs.2,41,400/-

Kripalu Yadav v. Pradeep Kumar Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dev Singh Pradhan Vs Koushal Namdev

New India Insurance Company Limited Vs Anubhav Singh

Branch Manager, Vs Smt. Deve (Mandavi)(Madavi)

The Oriental Insurance Co. Ltd. Vs Smt. Sammat Bai

Kripalu Yadav v. Pradeep Kumar Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dev Singh Pradhan Vs Koushal Namdev

New India Insurance Company Limited Vs Anubhav Singh

Branch Manager, Vs Smt. Deve (Mandavi)(Madavi)

The Oriental Insurance Co. Ltd. Vs Smt. Sammat Bai

A compact analysis

Premchand Shukla Vs Sariful Ansari

Naveen Sahu Vs Shatrughan Yadav