Partly allowed

Vinay Yadav v. Ganesh Kumar Sarvansh

Chhattisgarh HC16 Sept 2026MAC/262/2023

Case brief

AI extract

What is this about?

The appellant, a 19-year-old pillion rider, sustained grievous injuries in a motorcycle accident and challenged the Tribunal's award of Rs.1,96,620 as inadequate. The High Court upheld the Tribunal's findings on income and permanent disability but enhanced the amounts for future treatment and pain and suffering from Rs.5,000 each to Rs.20,000 each, raising the total compensation to Rs.2,26,620 with 6% interest from the date of filing the claim.

What did the court decide?

Compensation enhanced from Rs.1,96,620 to Rs.2,26,620; additional Rs.30,000 with interest at 6% per annum from date of filing claim application.

Vinay Yadav Vs Ganesh Kumar Sarvansh — Motor Accident Claims | Chhattisgarh HC (2026)

CGHC010043072023

2026:CGHC:40617

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 262 of 2023

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Vinay Yadav S/o Rajesh Yadav Aged About 19 Years R/o Atal Awas Lingiyadih, P.S. Sarkanda, Tahsil and District Bilaspur Chhattisgarh ... Appellant

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versus

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1 - Ganesh Kumar Sarvansh S/o Devi Prasad Sarvansh Aged About 21 Years R/o Satnami Para, State Mental Hospital, Sendari, District Bilaspur Chhattisgarh (Driver and Owner of Vehicle No. C.G.-10-AL-1049).

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2 - Shriram General Insurance Company Through Branch Manager, Branch Office Plot No. 1, Fourth Floor, Maruti Heights, Beside Sky Maruti Deeler, Near R.K. Mall, G.E.Road, Raipur, Tahsil and District Raipur Chhattisgarh (Insurer of Vehicle No. C.G.-10-AL/ 1049 ) ... Respondents

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For the appellant	:Ms. Pragya Pandey, Advocate
For respondent no.2.	:Ms. Mansi Bande, Advocate, on behalf of Mr. Saurabh Sharma, Advocate

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Hon’ble Shri Justice Sanjay Kumar Jaiswal)

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Order on Board

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17.09.2026

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1 This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the injured claimant challenging the impugned award dated 30.11.2021 passed by the VIII Addl. Motor Accident Claims Tribunal, Bilaspur District. Bilaspur (Chhattisgarh) in Claim Case No. 1148 of 2019.

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2 . Brief facts of the case as pleaded in the claim application are that on

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28.06.2019 Harsh @ Anshu Mahant alongwith present appellant had gone to visit Darri Ghat and at about 7.45 p.m., they were returning to Bilaspur. The motor cycle was driven by the Harsh alias Anshu (died) and appellant was sitting as a pillion rider. When they reached near Lal Khadan Paper Mill, respondent no.1 driving the offending Motorcycle No.C.G.10/AL-1049 in rash and negligent manner hit the motorcycle from behind, due to which, their motorcycle fell down and Harsh @ Anshu sustained grievous injuries and died on the spot whereas appellant Vinay Yadav sustained grievous injuries to his head, leg and wrist. He was admitted to Life Care Hospital, Bilaspur from 28.06.2019 to 10.07.2019 and got treatment. He underwent surgery and a plate was inserted. His leg has become permanently disabled due to which he is unable to work as before. Therefore, he filed a claim petition seeking a total compensation of Rs.8,50,000/- on various heads.

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3. The Tribunal has granted a total compensation of Rs. 1,96,620/- - on various heads as per the following table :

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Sl.No	Head	Amount
		Rs.
01.	Loss of income during teatment	34,640/-
02.	Attendant charges	20,000/-
03.	Transportation charges	5,000/-
04.	Nutritious food	5,000/-
05.	Physical and mental pain	5,000/-
06.	Future treatment	5,000/-
07.	Reimbursement of medical expenses	1,21,980/-
	Total Rs.	1,96,620/-

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4. Learned counsel for the appellant submits that the income of claimant taken

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by the Tribunal is on lower side and the amounts granted under the headstransportation, nutritious food, Physical and Mental suffering as also future treatment are also meagre, therefore, just compensation has not been awarded. He prays that the award of compensation be suitably enhanced.

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5. Learned counsel for respondent no.2 submits that the award passed by the

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Tribunal is just and proper which needs no interference.

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6. I have heard learned counsel for the appellant and also perused the impugned award.

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7. The claimant pleaded that he was student of 11^th Class. The Tribunal found no documentary evidence regarding job and income of applicant. Therefore considering him as unskilled labour, his income was taken at Rs.8,660/- which cannot be said to be on lower side.

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8. The Tribunal has held that the claimant has not produced any certificate proving that the accident caused permanent impairment, therefore, it refused to grant compensation for permanent disability. The Tribunal found no breach of terms of insurance policy, hence the insurance company is liable to cover the valid aspects of the claim. The said findings are based on facts and evidence on record, therefore, they do not require any interference by this Court.

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9. Considering the fact that the appellant got admitted in Life Care Hospital from 28.06.2019 to 10.07.2019 (12 days) where he underwent treatment and looking to the medical bills/prescriptions produced by him vide Ex.P-6 to Ex.P-117, the Tribunal has rightly granted the treatment expenses to the extent of Rs.1,21,980/which cannot be said to be meagre or lesser. The Tribunal further held that because of accident the applicant would have been unable to earn any income for about four months, therefore, it has rightly awarded Rs.34,640/- for loss of income for four months (8,660 x 4).

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10. The undisputed fact is that the Appellant sustained grievous injuries as a direct outcome of the accident, requiring him immediate surgery. Furthermore, the medical documents establish that the Appellant will reasonably incur expenses for future medical treatment. Given the severity of the injuries and the prolonged nature of the recovery, the appellant continues to endure physical pain, mental agony. So the amounts granted under the heads “future treatment expenses” and “pain and suffering” need to be suitably enhanced. In that view of the matter, this court is computing the compensation as per the following table.

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Sl.No	Head	Amount
		Rs.
01.	Loss of income during treatment	34,640/-
02.	Attendant charges	20,000/-
03.	Transportation charges	5,000/-
04.	Nutritious food	5,000/-
05.	Physical pain and mental agony (Changed)	20,000/-
06.	Future treatment (Changed)	20,000/-
07.	Reimbursement of medical expenses	1,21,980/-
	Total Rs.	2,26,620/-

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11. For the foregoing discussion, the amount of compensation of Rs. 1,96,620/- awarded by the Claims Tribunal is enhanced to Rs. 2,26,620/- . Hence, after deducting the amount of Rs.1,96,620/- the appellant is held entitled for an additional sum of Rs. 30,000/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.

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12. In the result, this appeal is allowed in part. The impugned award is modified to the above extent.

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Sd/Sanjay Kumar Jaiswal Judge

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Rao

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Digitally
signed by
ALLENA
ALLENA ANNAJEE
ANNAJEE RAO
RAO Date:
2026.09.18
15:42:01
+0530

Vinay Yadav v. Ganesh Kumar Sarvansh

Case brief

What is this about?

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Vinay Yadav v. Ganesh Kumar Sarvansh

Case brief

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