Neelu Sahu vs Roshan Nirmalkar on 21 July, 2026

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    Chattisgarh High Court

    Neelu Sahu vs Roshan Nirmalkar on 21 July, 2026

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                                              Digitally signed
                                              by SHUBHAM
                                  SHUBHAM     SINGH
                                  SINGH       RAGHUVANSHI
                                  RAGHUVANSHI Date:
                                              2026.07.28
                                              11:05:38 +0530
    
    
    
    
    CGHC010281472020                                                        2026:CGHC:31046
    
    
                                                                                        NAFR
    
             HIGH COURT OF CHHATTISGARH AT BILASPUR
    
    
                               MAC No. 52 of 2021
    
    
    
    Neelu Sahu S/o Brijlal Sahu Aged About 45 Years R/o Behind Shiv
    Nagar Police Chowki, Pandri Raipur, District Raipur Chhattisgarh.
    (Claimant), District : Raipur, Chhattisgarh
                                                                                ... Appellant
                                         versus
    1 - Roshan Nirmalkar S/o Indraman Nirmalkar Aged About 25 Years
    R/o   Village    Khouli,   Police      Station               Kharora,    District    Raipur
    Chhattisgarh. (Driver And Registered Owner Of Vehicle Motor Cycle
    Bearing Registration No. C.G. 04-Hp-7179)., District : Raipur,
    Chhattisgarh
    
    
    2 - The I.C.I.C.I. Lombard Insurance Company Limited Through
    Divisional Manager, Divisional Office Vanijiya Bhawan, Devendra
    Nagar, Raipur, District Raipur, Chhattisgarh. (Insurer Of Vehicle
    Motor Cycle Bearing Registration No. C.G. -04-Hp-7179)., District :
    Raipur, Chhattisgarh
                                                                            --- Respondent(s)

    For Appellants : Ms. Pooja Yadav, Advocate on behalf
    of Mr. Shivendu Pandya, Advocate
    For Respondent No.1 : Mr. C.R. Sahu, Advocate
    For Respondents No.2 : Mr. Tessey Abraham, Advocate
    2

    Hon’ble Shri Justice Sanjay Kumar Jaiswal
    Judgment on Board
    (21.07.2026)

    SPONSORED

    1. This appeal under Section 173 of the Motor Vehicles Act,
    1988 (for short the “Act of 1988”) has been preferred by the
    appellant/claimant seeking enhancement of the amount of
    compensation, challenging the impugned award dated
    31.01.2020, passed in Claim Case No.593/2016, whereby
    the learned Claims Tribunal has awarded a total sum of
    Rs.60,000/- for the injuries sustained by Neelu Sahu in a
    road accident which took place on 28.05.2015.

    2. Learned counsel for the appellant would submit that the
    learned Claims Tribunal has erred in awarding lesser
    amount of compensation. Further, the amounts awarded
    under the heads of loss of income, pain & suffering,
    transportation etc. are highly inadequate and need to be
    enhanced. Therefore, the instant appeal be allowed and the
    compensation awarded by the Claims Tribunal may
    suitably be enhanced. Further, though there was a breach
    of insurance policy conditions but, at the time of accident,
    the vehicle was insured, therefore, an order of pay and
    recover may be passed.

    3. Learned counsel for respondent No.1 would submit that the
    Claims Tribunal after appreciating oral and documentary
    evidence available on record rightly awarded the
    compensation amount. Hence, the compensation awarded
    by the Claims Tribunal is just and proper and requires no
    interference.

    4. Learned counsel for respondent No.2 would submit that
    there was a breach of insurance policy and the Claims
    Tribunal haf exonerated the insurance company to pay the
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    compensation.

    5. I have heard learned counsel for the parties, considered
    their rival submissions made herein-above and went
    through the records with utmost circumspection.

    6. The accident took place on 28.05.2015. The Appellant
    sustained fracture in right leg and remained hospitalized
    for 4 days. The Claims Tribunal after appreciation of oral
    and documentary evidence available on record awarded
    total Rs.60,000/- in favour of the Appellant. The Claims
    Tribunal has not found any permanent disability. Towards
    loss of income, the Tribunal has awarded Rs.14,000/- and
    towards pain and suffering, inconvenience and nutritious
    diet, the Tribunal has awarded Rs.10,000/- which are on
    lower side. Considering the nature of injuries, period of
    hospitalization and treatment, the compensation deserves
    to be re-computed as under:

    Sr. Heads Compensation Compensation
    No. awarded by the awarded by
    Tribunal this Court
    1 Medical Expenses Rs. 36,000/- Rs. 36,000/-

    2. Loss of income Rs.14,000/- Rs.18,000/-

    3. Pain and Suffering, Rs. 10,000/- Rs. 20,000/-

             nutritious         diet,
             transportation and
             for attendant
                                        Rs. 60,000/-      Rs. 74,000/-
    
    
    7. In    view   of    the   aforesaid    analysis,   the   amount    of
    

    compensation of Rs.60,000/- awarded by the Claims
    Tribunal is enhanced to Rs.74,000/-. Hence, the appellant
    is held entitled for an additional amount of Rs.14,000/-.

    The additional amount of compensation shall carry interest
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    @ 6% per annum from the date of filing of the claim
    application before the Claims Tribunal till its realization.
    Rest of the conditions of the impugned award shall remain
    intact.

    8. The Claims Tribunal found a breach of the policy
    conditions inasmuch as, at the time of the accident, driver
    Roshan Nirmalkar did not possess a valid and effective
    driving licence. However, the Tribunal did not pass an order
    for “pay and recover” as prayed for by the
    appellant/claimant before this Court. In view of the above,
    and applying the ratio of law laid down by the Hon’ble
    Supreme Court in the case of Manuara Khatun and Others
    Vs. Rajesh Kumar Singh and Others
    , reported in (2017) 4
    SCC 796, I direct Respondent No.2/Insurance Company to
    first pay the amount of compensation and thereafter recover
    the same from the owner/driver by filing an execution
    petition before the concerned Claims Tribunal.

    9. In the result, the appeal is partly allowed and the
    impugned award is modified to the extent as indicated
    herein-above.

    10. The Registry is directed to communicate the claimant in
    writing “the enhanced amount” in this appeal as against
    the award made by the concerned Tribunal. The said
    communication be made in Hindi Deonagri language and
    the help of paralegal workers may be availed with a co-
    ordination of Secretary, Legal Aid of the concerned area
    wherein the claimant resides.

    Sd/-

    (Sanjay Kumar Jaiswal)
    Judge

    -Shubham



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