2025:CGHC:59466 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR NIRMALA RAO MAC No. 1840 of 2019

1 - Ankur Agrawal Alia Ankur Zindal S/o Bhagwansay Zindal Aged About 28 Years R/o Bazar Chowk, Silyari Post Office Silyari, Thana Darsiwa, District Raipur Chhattisgarh. (Claimant), District : Raipur, Chhattisgarh ... Petitioner(s)

versus

1 - Rajeev Kumar Singh S/o Haribaksh Singh, Through Akhraj Garage, Tilda, Thana - Navera, District Raipur Chhattisgarh. (Driver Defendant No. 1), District : Raipur, Chhattisgarh

2 - Smt. Sawarnlata Jain W/o Vimal Kumar Jain R/o House No. 135, Near Anand Takies, Sai Plaza, New Bombay Market, Raipur, Tehsil And District Raipur Chhattisgarh. (Owner / Defendant No. 2)., District : Raipur, Chhattisgarh 3 - New India Insurance Company Limited Through Branch Manager, (Division No. 2), Division Jeevan Bema Office Pandari, District Raipur Chhattisgarh. (Vehicla No. Cg 04 J 9851) (Insurance Company / Defendant No. 3)., District : Raipur, Chhattisgarh ... Respondent(s)

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For Appellant : Shri Karunendra Narayan Singh, Advocate.

For Respondent No.2 : Ms. Shristi Upadhyay, Advocate holding the brief of Shri Ghanshyam Patel, Advocate.

For Respondent No.3 : Shri Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

08.12.2025

1. The claimant has preferred this appeal under Section 173 of the Motor Vehicles Act for enhancement of compensation challenging the award passed by the learned Fourth Additional Motor Accident Claims Tribunal, Raipur, District Raipur in Claim Case No.525 of 2014 dated 27.6.2019, whereby the learned Tribunal has granted compensation to the tune of Rs.5,25,270/- alongwith interest @ 7.5% per annum on account of injuries sustained by the claimant.

2. The facts, in brief, are that on 24.1.2014 at about 3:00 pm, near Sonu-Monu Dhaba, Siltara, the driver of the offending Truck bearing registration No.C.G. 04 J 9851 by driving it rashly and negligently dashed against an Auto bearing registration No.C.G. 04 JC 8615. The claimant was a passenger in that Auto and he sustained grievous injuries over left leg, right hand and back bone. The claimant filed a claim case under Section 166 of the Motor Vehicles Act wherein he pleaded that at the time of accident he was aged about 24 years and earning Rs.10,000/- per month. He claimed a sum of Rs.37,92,000/-. The driver of the offending vehicle was proceeded ex parte. The owner of the vehicle filed a reply and pleaded that the driver of the Auto was negligent in driving the vehicle. He further pleaded that the driver of the offending vehicle had valid and effective driving license and that the vehicle was insured with the Insurance Company. The Insurance Company filed its reply and denied the contents of the claim petition. Learned Tribunal framed issues, parties led their evidence and thereafter, an award was passed.

3. Learned counsel for the appellant would submit that the disability certificate was issued by Dr. A.A. Saifi (AW-4) to the extent of 25% on account of injuries sustained over legs and hip vide Ex.P/223. He would contend that the said certificate was issued according to manual of orthopedic book. He would submit that the learned Tribunal has not considered the disability certificate which was issued by a medical practitioner and the certificate was proved before the learned Tribunal. He would contend that the learned Tribunal assessed the income of the deceased at Rs.5,000/- per month, which is on lower side. He would contend that on conventional heads, the learned Tribunal has granted a meagre amount. He would pray to enhance the compensation.

4. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the appellants. They would submit that the disability certificate w