Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 30/10/2026
Case Overview
- Appellant: Shivkumar Rajak, 42, resident of Ward No.36, Torwa, Bilaspur district.
- Respondents: 1) Mo. Aftab, driver of the offending Bolero pick‑up (Reg. No. CG10 C‑6104); 2) Vasim Ali, owner of the same vehicle; 3) New India Insurance Company Limited, insurer of the vehicle.
- The dispute arose from a motor accident on 09/02/2018, where the appellant’s vehicle was struck by the offending vehicle, resulting in severe injuries, including a fracture of the right leg.
- The appellant claimed Rs 11,00,000 under the Motor Vehicles Act. The 2nd Additional Motor Accident Claims Tribunal, Bilaspur, awarded Rs 10,286 on 30/09/2022, breaking down as follows:
- Loss of income: Rs 5,286
- Mental agony and physical suffering: Rs 2,500
- Nutritious diet: Rs 2,500
- Respondents 1 and 2 did not file written statements; the insurer filed a statement denying liability on policy‑term grounds. The Tribunal applied the doctrine of pay‑and‑recover, directing the insurer to pay the award and later recover from the driver and owner.
- The appellant argued that the compensation was insufficient given the fracture and four‑day hospitalization. The insurer contended that no X‑Ray report was produced, so the fracture could not be proved, and the awarded amount was appropriate.
Final Outcome
- The High Court, after hearing counsel, held that the original award was reasonable but deemed an additional sum of Rs 10,000 justified to make the compensation just, considering the nature of injuries, hospitalization period, and the appellant’s income.
- The Court directed New India Insurance Company Limited to deposit the additional Rs 10,000 within 60 days of receipt of the order copy. All other conditions of the impugned award remain unchanged.
Topics: Motor Accident Compensation, Insurance Law