Unsound Mind Namely Amit Gupta Vs Kanchan Pandey

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Digitally SAIFAN signed by KHAN SAIFAN KHAN

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2026:CGHC:15492

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 1901 of 2019

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1 - Unsound Mind Namely Amit Gupta S/o Dharmendra Gupta Aged About 29 Years R/o Village - Ghamarriya, Tahsil And District- Jashpur Chhattisgarh Through Next Friend Dharmendra Gupta S/o Late Kashinath Gupta, Aged About 55 Years, R/o Village- Ghamarriya, Tahsil And District - Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh

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... Appellant

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Versus

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1 - Kanchan Pandey S/o Narendar Nath Pandey R/o Village - Pathardhih Railway Colony, Dhanbadd (Jharkhand), C/o Ratnesh Kumar Singh, Ring Road No. 05, Near Shiv Mandir, Baghbera, Eastern Singhbhumi (Jharkhand), Jharkhand

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2 - Vikram Kumar S/o Rajkumar Prasad, Aged About 37 Years, Occupation- Driver, R/o Village - Dirawadand, Post - Karmawa, P.S.Cherki, Bodhgaya District - Gaya (Bihar), District : Gaya, Bihar

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3 - United India Insurance Company Limited Local Branch / Divisional Office - Shanti Place, Near Sarlavila, Chakardhar Chowk, Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

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... Respondents

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[Cause-title taken from Case Information System (CIS)]

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------------------------------------------------------------------------------------------------ For Appellant : Mr. Rishikant Mahobia, Advocate For Respondent No.3 : Mr. Akash Shrivastava, Advocate on behalf of Mr. RN Pusty, Advocate

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Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board)

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06.04.2025

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1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the

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impugned award dt. 28.03.2019, whereby learned Claims Tribunal has awarded a total sum of Rs.10,96,495/- as compensation for the injuries sustained by the appellant in the accident occurred on 21.10.2017.

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2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in not assessing the income of the appellant properly and, even less amount on the heads of transportation, special diet, pain and suffering and future medical treatment has awarded, which needs to be enhanced suitably looking to the facts and circumstances of the present. T herefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced.

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3 . Learned counsel for the respondent would submit that the appellant have failed to prove nature of occupation and income by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of the appellant on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference.

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4 . I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.

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5 . In the case at hand, since the appellant has suffered severe injuries in the accident in question and, due to which, he also suffered disability to the extent of 60% vide Disability Certificate (Ex.A/1) and

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remained hospitalized for a period of more than 01 months, it appears that the learned Claims tribunal has awarded less amount of compensation under the facts of the present case and, in the considered opinion of this Court, the same is liable to be enhanced.

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6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors 2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3, this Court is computing

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the compensation as below:-

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Sr.	Heads	Compensation	Compensation
No.		awarded by the	awarded by this
		Tribunal	Court
1.	Loss of Income	Rs.8800X6 =	Rs.8800X 12 =
		Rs.52,800/-	Rs.1,05,600/-
2.	Medical Expenses	Rs. 9,18,695/-	Rs. 9,18,695/-
3.	Transportation	Rs.20,000/-	Rs.30,000/-
4.	Special Diet	Rs.10,000/-	Rs.15,000/-
5.	Attendant	Rs.15,000/-	Rs.15,000/-
6.	Future medical treatment	Rs.30,000/-	Rs.50,000/-
7.	Pain and suffering	Rs.50,000/-	Rs.1,00,000/-
	Total	Rs.10,96,495/-	Rs.12,34,295/-

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7. In view of the aforesaid analysis, the amount of compensation of Rs.10,96,495/- awarded by the Claims Tribunal is enhanced to Rs.12,34,295/-. Hence, after deducting the amount of Rs.10,96,495/-, the appellant is held entitled for an additional amount of Rs.1,37,800/- . The concerned respondent is directed to deposit the amount of

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1 (2017) 16 SCC 680

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2 (2009) 6 SCC 121

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3 (2018) 18 SCC 130

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compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal (i.e. 3/5/2018) till its realization. Rest of the conditions of the impugned award shall remain intact.

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8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above.

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sd/- (Sanjay K. Agrawal) Judge

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s@if

Unsound Mind Namely Amit Gupta v. Kanchan Pandey

Case brief

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Unsound Mind Namely Amit Gupta v. Kanchan Pandey

Case brief

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