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Order Reserved on 05.02.2024
Order Pronounced on 29.02.2024
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MAC No. 1265 of 2017
1 - Smt. Sharda Sahu W/o Santosh Sahu, Aged About 45 Years
R/o 10 Kholi, Sarkanda, Police Station Sarkanda, Tahsil And
District Bilaspur, Chhattisgarh .............Claimant.
---- Appellant
Versus
1 - Akhilesh Chouhan S/o Mudrika Chouhan, Aged About 30
Years R/o House No.90, Supela Chingripara, Ward No.5, Bhilai,
District Durg, Chhattisgarh ..............Driver And Owner Of Truck
No. C.G.07 A T 5535
2 - Branch Manager, United India Insurance Company Limited,
Through Branch Office, Gurukripa Tower Second Floor, Vyapar
Vihar Road, Bilaspur, District Bilaspur, Chhattisgarh
---- Respondents
Ms. Ashtha Sharma, learned counsel for the appellant.
Mr. Akash Shrivastava, learned counsel for the respondent No. 2.
_______________________________________________________________
CAV Order
Hon'ble Shri Justice Sachin Singh Rajput
This appeal has been filed under Section 173 of the Motor
Vehicles Act, 1988 (for short MV Act) challenging the award dated
22.10.2016 passed in Claim Case No. 315/2015 by the Learned 1st
Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur,
CG. By the impugned award, against a claim of Rs. 11,50,000/-, the
learned Tribunal has awarded compensation of Rs. 5,31,000/- in favour
of the appellant / claimant on account of injuries sustained by her in an
accident that took place on 12.12.2014 by rash and negligent driving of
the offending vehicle (Truck) bearing registration No. CG 07 AT 5535
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driven and owned by the respondent No. 1 / driver cum owner and
insured with respondent No. 2 / insurance company.
2. As per the pleadings of the claim application, at the time of
accident, the appellant / claimant along with one Raviya Begam had
gone to new bus stand to seach for a place for her tea stall. A truck
bearing registration No. CG 04 /8062 was standing there. At that time,
the respondent No. 1 drove the offending vehicle rashly and negligently
and dashed the parked truck, which turn turtle and the appellant /
claimant came buried under the offending vehicle. She sustained
severe injuries on her both legs in the accident and was admitted to
CIMS Hospital, Bilaspur and thereafter to Mekahara Hospital Raipur
and her ankle of both legs were severed and also sustained injuries on
her waist, twice she underwent a surgery and steal rod was inserted. As
a result of the accident, the appellant / claimant became permanent
disabled. Her husband had died 15 years back. She was earning Rs.
4,700/- per month by doing a job. Hence, total compensation of Rs.
11,50,000/- was claimed.
3. The claim application was resisted by the respondents on
various grounds. The insurance company taken a plea that there was
violation of terms and conditions of the insurance policy.
4. Learned Tribunal framed issues on the basis of the pleadings
made by the respective parties and decided the same in favour of the
appellant / claimant and awarded the above stated compensation.
5. Learned counsel for the appellant submits that there is
permanent disability to the tune of 60% however, looking to the injuries
as fingers and ankle parts were amputated therefore, she is not able to
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perform any work. No future prospect has been added and income is
also taken on the lower side. The amount of compensation on other
heads is also on the lower side. She further submits that loss of income
during the treatment has also not been considered.
6. Learned counsel for the respondent No. 2 supports the award
and submits that just compensation has been awarded and income has
been duly considered.
7. Heard the learned counsel for the parties, considered their rival
submissions and perused the record.
8. Learned Tribunal after appreciating the evidence available on
record, holding the monthly income of the appellant / claimant to Rs.
4,700/- per month and assessed the functional disability to 60% and
awarded compensation in the following manner:-
For loss of earning capacity Rs. 4,73,760/-; for future treatment
Rs. 10,000/-; Pain and suffering Rs. 5,000/-; special diet Rs. 5,000/-;
Transportation expenses Rs. 5,000/-; Attendant Rs. 5,000/- and
Treatment expenses Rs. 31,300/- thus awarded compensation to Rs.
5,31,000/-.
9. Considering the evidence available on record, date of accident;
nature of job; this Court assesses the monthly income of the injured to
Rs. 5500/-. Keeping all this in mind, this Court proceeds to compute the
compensation awardable in favour of the appellant / claimant in the
following manner:-
S. No. Description Amount
1. Monthly income 5500/-
2. 25% Future prospect 1375/-
3. Total Monthly Income (5500+1375) 6875/-
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4. Total Yearly Income (6875x12) 82,500/-
5. Functional disability 60% yearly loss 49,500/-
6. Multiplier of 14 applied to assess total loss of 6,93,000/-
dependency
7. Future treatment 50,000/-
8. For pain and suffering 25,000/-
9. Loss of earning during treatment 10,000/-
10. Transportation 10,000/-
11. Nutritional diet 10,000/-
12. For loss of amenity and enjoyment of life 50,000/-
13. Medical Treatment Rs. 31,300/- (as
awarded by
tribunal)
Total Rs. 8,79,300/-
10. Since learned Tribunal has already awarded a sum of Rs.
5,31,000/-, the enhanced amount which he now is entitled to get comes
to Rs. 3,48,300/-. Order accordingly.
11. The amount of compensation shall be paid by the insurance
company / respondent No. 2 within a period of 60 days with 6%
interest, from the date of application.
12. On such deposit being made, out of the amount worked out by
way of enhancement, let 90% thereof be invested in some nationalized
bank for a period of two years and the remainder be paid to her through
bank transaction.
13. Accordingly, the appeal is allowed in part.
Sd/-
(Sachin Singh Rajput)
Judge
PAWAN