NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 1507 of 2016 Budhram S/o Munshi Ram, Aged About 50 Years, Caste- Rajwar, R/o Village Chitabahar, Police Station- Darima, Tahsil- Ambikapur, District- Surguja, Chhattisgarh .................Claimant ---- Appellant Versus

1. Mohd. Noor Alam S/o Late Mohd. Salim, R/o Namnakala, Ring Road, Nagar Amibkapur, Police Station And Tahsil- Ambikapur, District- Surguja, Chhattisgarh ...............Owner

2. Videshi Lal Yadav S/o Tejram Yadav, Aged About 39 Years, R/o Village - Rampur, Maskara, Police Station- Pandaria, District-

Bilaspur, Chhattisgarh ................Driver

3. I.C.I.C.I. Lombard General Insurance Company Limited, Office-

I.C.I.C.I. Lombard House 414, Near Virserwaker Road, City Vinayak Tamples, Prabha Devi- Mumbai, Pin 4000251 (Insurer)

---- Respondents For Appellant : Mr. Rahul Mishra, Advocate For Respondent no.3 : Mr. T. Abraham, Advocate, on behalf of Mr. Amrito Das, Advocate Hon'ble Shr i Justice Sanjay Kumar Jaiswal Judgment on Board

19 / 04 / 2024

1. This appeal arises out of the award dated 03.10.2016 passed by

5^th Additional Motor Accident Claims Tribunal, Surguja (Ambikapur) Chhattisgarh, in Motor Accident Claim Case No.139/2015 awarding compensation of Rs.86,150/- with interest @ 7% per annum, from the date of application till its realization, in favour of the appellant/claimant.

2. The claim of appellant/claimant before the Tribunal, in brief, was that on 10.11.2014 at about 9 a.m., when claimant Budhram was going to Circuit House for work on his bicycle, near Ring Road Namnakala Mahamaya Petrol Pump, respondent no.2 driving the offending truck bearing registration No.CG 15 AC 1086 rashly and negligently, dashed his bicycle, as a result of which, Budhram suffered several injuries on his body, for which, he was admitted in District Hospital, Ambikapur from 10.11.2014 to 29.11.2014. Upon report being made in this regard, crime was registered against respondent no.2 at PS Gandhinagar, district Surguja (CG).

3. It was claimed by the Claimant that on the date of accident, he was aged about 50 years and earning Rs.10,000 per month by working in PWD and from agriculture. On account of the accident, he suffered grievous injuries on his right foot and toe and fingers of right foot were completely damaged due to which three fingers of his right foot had to be completely amputated by operation. His right hand wrist was broken. He had also suffered grievous injuries on collarbone of his neck and there were total five fractures in his body. For treatment of the said injuries, he was admitted in District Hospital, Ambikapur from 10.11.2014 to 29.11.2014. The appellant has not been able to recover even after treatment and has become permanently disabled. Therefore, the claimant preferred an application before the Tribunal claiming total compensation of Rs.19,50,000/- for disability, loss in future income, physical and mental agony, medical expenses and also under other heads.

4. The learned Tribunal, after considering the evidence and documents available on record, awarded Rs.24,145/- for medical & travel expenses, Rs.32,000/- towards loss of income for 8 months and Rs.30,000/- for physical and mental agony, totaling Rs.86,145/- in round figure Rs.86,150/- in favour of the claimant with interest @ 7% per annum, from the date of application till its realization. Hence, this appeal for enhancement.

5. Learned counsel for appellant/claimant submits that the Claims Tribunal failed to consider the nature of injuries suffered by the appellant and awarded only Rs.86,150/- which needs to be enhanced. He submits that no amount of compensation has been awarded for special diet or nutritious food & Attendant during hospitalization. He submits that the Tribunal has also not awarded any amount for future medical expenses and loss of income in the future. Thus, prayed for modification of the impugned award enhancing the compensation suitably.

6. On the other hand, learned counsel appearing for the respo