2025:CGHC:33724 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 792 of 2020

1 - Ku. Trisha Sonkar D/o Manoj Sonkar, Aged About 13 Months, Minor, Through Natural Guardian And Next Friend Manoj Sonkar S/o Banau Ram Sonkar, Aged About 36 Years, R/o Ward No. 63, Sonkarpara Bhatagaon, Police Station Purani Basti, Raipur, District - Raipur Chhattisgarh., District : Raipur, Chhattisgarh --- Appellant Versus

1 - Parasnath Satnami @ Shrawan S/o Ramchand Satnami, Aged About 37 Years R/o Mahamara, Abadipara, Police Station - Pulgaon, Tahsil And District - Durg Chhattisgarh. (Driver), District : Durg, Chhattisgarh

2 - Dhiraj Shrivastava S/o R. P. Shrivastava, Aged About 42 Years R/o Santoshi Darbar, Ganjpara, Durg, Tahsil And District Durg Chhattisgarh. (Owner), District :

Durg, Chhattisgarh

3 - National Insurance Company Ltd., Through - Divisional Manager And Office Akashganga Parisar, Supela Bhilai, Tahsil And District Durg, District : Durg, Chhattisgarh --- Respondents For Appellant : Mr. P.R. Patankar, Advocate For Respondent : Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order On Board

17/07/2025

1. Appellants/Claimants have filed these two appeals seeking enhancement of the amount of compensation awarded by the learned SHUBHAM DEY

Digitally

signed by

SHUBHAM

DEY

Claims Tribunal in its award dated 21.01.2020 passed by the learned 7^th Additional Motor Accident Claims Tribunal, Durg, District – Durg (for short ‘the Claims Tribunal’) in Claim Case No. 148/2016.

2. Facts of the case in brief are that, on 10.06.2016, when Applicants i.e.

Satyawati along with applicant Ku. Trisha Sonkar and Lali Sonkar, were traveling to Gughwa from Gudardehi on motorcycle bearing registration no. CG 04 CZ 7604. Along with them one Manoj Sonkar was traveling on his own motorcycle bearing registration no. CG 04 CW 7165 and when they reached near Patora Petrol Pump, Manoj Sonkar went to refuel his motorcycle at that time, around 08:00 P.M. one Truck bearing registration no. CG 08 ZC 0403 which was being driven by the Respondent No. 1 in a rash and negligent manner, dashed the applicants i.e. Satyawati and Ku. Trisha Sonkar. In the said accident, both the applicants suffered serious injuries, they were taken to hospital for treatment. Subsequent to the said accident, FIR was registered against the Respondent No. 1 bearing Crime No. 148/2016 P.S. Utai, District – Durg for the offences punishable under Sections 279, 337, 338 of the Indian Penal Code, 1860 and under Section 184 of the Motor Vehicles Act, 1988.

3. Learned counsel for the appellant submits that the appellant who was

13 months of age on the date of accident suffered severe injuries in a motor accident over her person. After accident, she went on comma and after long treatment, she could be able to survive. Even if taking best treatment from the hospital in Chhattisgarh, she became permanently disabled by her both hands and both legs. He also contended that even the neck of the claimant bent due to motor-

accidental injuries suffered by her.

4. Claims Tribunal while assessing compensation towards loss suffered due to permanent disability has assessed income as Rs. 30,000/- per month which is on lower side. Claims Tribunal ought to have considered income of the claimant taking note of the minimum wages fixed by the competent authority under the Minimum Wages Act, 1948, prevailing on the date of accident. He also contended that in the facts of the case, loss of earning would be 100% and not 80% as assessed by the learned Claims Tribunal. Claims Tribunal has further awarded only Rs. 20,000/- towards the pains and sufferings and meagre amount of compensation on other heads which is also very less and prays for enhancement of the amount of compensation suitably.

5. On the other hand, learned counsel for the Respondent No.

3/Insurance Company opposes the submission of counsel for the appellant and would submit that, admittedly on the date of accident, cl