Ramesh Kishore Vs Rupendra Sahu

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1

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Digitally signed by RAGHVENDRA JAT

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2025:CGHC:37369

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 860 of 2017

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1 - Ramesh Kishore S/o Shri Kashiram Kishore, Aged About 47 Years R/o Kurgkondal, Tah. And P.S. Durgkondal, District North Bastar, Kanker, Chhattisgarh, Chhattisgarh.

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... Appellant(s)

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versus

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1 - Rupendra Sahu S/o Lt. Premlal Sahu, Aged About 31 Years R/o Village Sambalpur, P.S. And Tahsil Bhanupratappur, District North Bastar Kanker, Chhattisgarh, Chhattisgarh.

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2 - Sukhdas Nishad S/o Shri Jethu Ram Nishad, Aged About 46 Years R/o Village Karmoti, P.S. And Tah. Bhanupratappur, District North Bastar Kanker, Chhattisgarh, District : Kanker, Chhattisgarh.

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3 - National Insurance Co. Ltd., Through Branch Manager, Branch Office Upon Central Bank, Near R M S Office, Jagdalpur, Chhattisgarh, Pin 494001, District : Bastar(Jagdalpur), Chhattisgarh.

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... Respondent(s)

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2

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For Appellant(s)	: Mr. Satyendra Shriwas, Advocate on
	behalf of Mr. Rakesh Thakur, Advocate.
For Respondent(s) No.	: None.
1 & 2
For Respondent No. 3	: Mr. Ashish Gupta, Advocate.

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Hon’ble Mr. Justice Amitendra Kishore Prasad

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Order on Board

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30/07/2025

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This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the award dated 17.11.2016 passed by the learned Additional Motor Accident Claims Tribunal, Bhanupratappur, District- North Bastar (C.G.), in Claim Case No. 20/2015 whereby compensation of Rs. 10,000/- with interest @ 9% per annum, in favour of the appellant/claimant has been awarded.

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Brief facts of the case, is that, the appellant filed a claim petition before the learned Additional Motor Accident Claims Tribunal, Bhanupratappur, District North Bastar Kanker (C.G.), seeking compensation for the injuries sustained by him in a motor accident. The accident was occurred on 10.12.2013 at about 7:00 PM near village Pendawari on the main road, when the appellant, Ramesh Kishore, aged about 45 years, was travelling from village Chemal to village Sambalpur. At that time, a

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3

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Commander Jeep bearing registration No. CG-07-ZD-3093, being driven rashly and negligently by respondent No.1, came there and dashed into him, causing grievous bony injuries on his right knee and other parts of the body. Immediately after the accident, he was admitted to C.H.C. Bhanupratappur and thereafter shifted to Ramkrishna Care Hospital, Raipur, where he underwent further treatment and continues to receive medical care. As per medical opinion, he sustained a permanent disability of 15.35% due to the bony injury in his right knee, which has adversely affected his ability to discharge his duties as an officer in Janpad Panchayat Durgkondal. An FIR was registered against respondent No.1 for offences punishable under Sections 279, 337 and 338 of the IPC, and a charge sheet has been filed before the learned J.M.F.C., which is pending consideration. The case of the appellant has been discussed in paras 3 and 4 of Annexure A-1, while the case of the respondents has been discussed in paras 5 and 6, and the tribunal has framed four issues for determination, as mentioned in para 7 of Annexure A- 1. After evaluation of the pleadings, evidence and documents on record, the learned tribunal, vide award dated 17.11.2016, partly allowed the claim petition, holding that the offending vehicle was duly insured with respondent No.3, was driven rashly and negligently by respondent No.1, and was owned by respondent

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4

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No.2. The appellant is not challenging these findings which were in his favour. Hence, this appeal.

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The tribunal has awarded a sum of Rs. 5,000/- towards diet and travelling and Rs. 5,000/- towards pain and suffering. Thus, a total compensation of Rs. 10,000/- has been awarded in favor of the appellant/claimant.

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Learned counsel for the appellant submits that the claims Tribunal has awarded a sum of Rs. 10,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the awarded compensation by the Tribunal is on the lower side. Therefore, the compensation amount may be enhanced suitably. Hence, this appeal may be allowed and awarded amount needs to be enhanced suitably.

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On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement.

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None for respondents No. 1 & 2.

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

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5

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In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza.

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Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case.

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Considering the facts and circumstances of the case and also considering the fact that a sum of Rs. 30,000/- towards diet and travelling, Rs. 30,000/- towards pain and suffering and Rs. 10,000/- towards future medical expenses are hereby enhanced.

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In the result, the appeal is partly allowed . The claimant shall be entitled to Rs. 70,000/- 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.

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Sd/-

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(Amitendra Kishore Prasad) Judge

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Raghu Jat

Ramesh Kishore v. Rupendra Sahu

Case brief

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Ramesh Kishore v. Rupendra Sahu

Case brief

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