Raghuvir Thakur (Minor) Vs Uday Singh Thakur — Chhattisgarh HC (2025) — LawSathi Research

Raghuvir Thakur (Minor) Vs Uday Singh Thakur — Chhattisgarh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Claimant entitled to additional compensation of Rs. 1,50,000/- (Rs. 50,000/- for pain and suffering plus Rs. 1,00,000/- for assistance, transportation and special diet) over and above the Tribunal award, carrying interest @ 6% from the date of enhancement till realization; award otherwise modified to that extent only.

Issue for consideration

Whether the compensation awarded by the Claims Tribunal under the heads of pain and suffering, special diet, taking aid of assistance and transportation is inadequate (meager) and requires enhancement.

Court's answer

Compensation for pain and suffering is enhanced by Rs. 50,000/- in addition to what was already awarded by the Claims Tribunal.

Ratio / Principle

Compensation for taking assistance of another person, transportation and special diet (Rs. 50,000/- already awarded) is enhanced by a further Rs. 1,00,000/- in addition to what was awarded by the Claims Tribunal.

Key takeaways

The enhanced amount shall carry interest @ 6% from the date of enhancement of the award till its realization.ratio¶32
The impugned award stands modified to the extent of the enhancement; the rest of the conditions of the award shall remain intact.ratio¶32

Detailed headnote1 paragraphs

MOTOR ACCIDENT CLAIMS — Enhancement of compensation — Appeal by injured minor claimant (pillion rider) against award dated 30.11.2017 of Additional Motor Accidents Claims Tribunal, Fast Track Court, Kabirdham (Claim Case No.125 of 2015) granting Rs. 2,67,183/- with liability fastened jointly and severally on owner and driver of truck No.CG 09 B 0845 — Accident of 27.8.2015: truck driven rashly and negligently dashed motorcycle of Lalit Jaiswal (who died); claimant sustained multiple injuries including right leg/femur fracture, steel rod inserted in thigh, hospitalised over 25 days — Insurer contended liability lay on owner/driver due to breach of policy (vehicle uninsured); owner and driver unrepresented — Held: amounts for pain and suffering, special diet, assistance and transportation were 'meager'; pain and suffering enhanced by Rs. 50,000/-; assistance/transportation/special diet enhanced by Rs. 1,00,000/- over Rs. 50,000/- already awarded — Total additional entitlement Rs. 1,50,000/- with interest @ 6% from date of enhancement till realization — Appeal partly allowed; award otherwise intact. (Single judge: Amitendra Kishore Prasad, J.; decided 02/07/2025.)

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Digitally signed by RAGHVENDRA JAT

2025:CGHC:30495

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 307 of 2018

1 - Raghuvir Thakur (Minor) S/o Ram Prasad Thakur Aged About 12 Years Through His Natural Father Ram Prasad Thakur, S/o Indra Thakur, Aged About 35 Years, R/o Village Dharampura, Police Station Pipariya, Tahsil Kawardha, District Kabirdham, Chhattisgarh (Claimant), District : Kawardha (Kabirdham), Chhattisgarh.

... Appellant(s)

versus

1 - Uday Singh Thakur S/o Ramavtar R/o Village Chorbhatti, Police Station Pipariya, Tahsil Kawardha, District Kabirdham, Chhattisgarh (Owner Of Vehicle), District : Kawardha (Kabirdham), Chhattisgarh. 2 - Dhaneshwar Raut S/o Khemlal Raut Aged About 27 Years R/o Village And Post Khara, Police Station Rengakhar, Tahsil Bodla, District Kabirdham, Chhattisgarh (Driver Of Vehicle), District : Kawardha (Kabirdham), Chhattisgarh.

3 - I.C.I.C.I. Lombard Motor Insurance Company Limited Regional Branch Office Raipur, Collectorate Chowk Rajbhawan Marg, Raipur, District Raipur, Chhattisgarh (Insurer Of Motor Cycle Owned By Deceased), District : Raipur, Chhattisgarh.

... Respondent(s)

For Appellant(s) : Mr. Kanhaiya Yadav, Advocate on behalf of Mr. Dharmesh Shrivastava, Advocate.

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For Respondent(s) No.	: None.
1 & 2
For Respondent No. 3	: Mr. Shobhit Mishra, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

02/07/2025

This is an appeal by the claimant against the award dated 30.11.2017 passed by the Additional Motor Accidents Claims Tribunal, Fast Track Court, Kabirdham in Claim Case No.125 of 2015, in which the Claims Tribunal has granted compensation of Rs. 2,67,183/- to the claimant fastening liability upon the owner and driver of the offending truck jointly and severally to satisfy the award.

Case, in short, is that on 27.8.2015 at about 6:30 p.m., Lalit Jaiswal (deceased) and the appellant/claimant were coming from Bemetara to Kawardha on the motorcycle of Lalit jaiswal. The appellant/claimant was a pillion rider on the motorcycle. At that time, the offending truck bearing registration No.CG 09 B 0845 coming from the opposite direction, being driven by respondent No.2 rashly and negligently, dashed the deceased due to which the appellant/claimant sustained multiple injuries and Lalit Jaiswal died. The appellant/claimant remained hospitalised for treatment for more than 25 days.

Learned counsel for the appellant submits that proper

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compensation has not been awarded by the Tribunal. He further submits that the claimant has sustained fracture in right leg and femur bone. He further submits that the other parts of the body were also sustained injuries. He further submits that after the operation of the claimant's steel rod was inserted in his thigh, and has incurred Rs. 3,50,000/- in the treatment. He further submits that due to the injuries sustained he will be unable to work in future as such amount of compensation is required to be enhanced.

On the other hand, learned counsel for insurance company submits that liability was fastened upon the owner and driver of the vehicle as there was breach of insurance policy. He further submits that the vehicle was without having insurance policy.

None for respondents No. 1 & 2 i.e. owner and driver of the vehicle.

I have heard learned counsel for the parties and perused the material available on record.

Considering the facts and circumstances of the case and further considering this aspect that the amount in respect of pain and suffering, special diet, taking aid of assistance and transportation is on meager side as such it is being enhanced.

So far as pain and suffering is concerned, an amount of Rs. 50,000/- is being enhanced in addition to what is already

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awarded by the claims Tribunal.

So far as taking assistance of other person, transportation and for special diet total sum of Rs. 50,000/- has been awarded as such an amount of Rs. 1,00,000/- is being enhanced in addition to what is already awarded by the claims Tribunal.

In the result, the appeal is partly allowed . The claimant shall be entitled to Rs. 1,50,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact.

Sd/- (Amitendra Kishore Prasad)

Judge

Gopal Singh/ Raghu Jat