Chhattisgarh High Court

Awarded compensation must include verified medical expenses incurred during hospitalization prior to the victim's death.

ANSH MISHRA (MINOR) vs VIJENDRA GAUTAM

Chhattisgarh High CourtJUDGMENT: May 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants (original claimants) were awarded Rs. 40,16,519/- by the Second Additional Motor Accident Claims Tribunal, Raipur, in Claims Case No. 87/2015.

Source reference: para. 2

Aggrieved by the quantum, they filed MAC No. 151 of 2018 for enhancement.

Source reference: para. 2

On 19.02.2026, the High Court recomputed the compensation but inadvertently reduced it to Rs. 33,04,251/- because it failed to incorporate medical expenses incurred during the deceased’s two-month hospitalization.

Source reference: para. 2-3

The applicants filed the present Miscellaneous Civil Case (MCC) seeking modification of that order to include the omitted medical expenses.

Source reference: para. 1, 3
02

Issues

Whether the order dated 19.02.2026 passed in MAC No. 151 of 2018 requires modification to include medical expenses verified by the Tribunal but omitted during the High Court's recomputation.

Source reference: para. 3-4
03

Law Applied

The Court exercised its inherent and plenary powers to correct an error apparent on the face of the record during the quantification of compensation under the Motor Vehicles Act, 1988.

Source reference: no citation

It applied the principle of "just compensation," ensuring that established pecuniary losses—specifically medical expenses supported by documentary evidence and doctor testimonies—are included in the final award.

Source reference: para. 4-5
04

Reasoning

The Court scrutinized the original Tribunal award dated 22.07.2017 and confirmed that the deceased remained hospitalized from 28.09.2014 to 27.11.2014.

Source reference: para. 4

While the Tribunal had initially determined medical expenses at Rs. 16,80,419/-, the High Court re-verified the records and doctor testimonies to ascertain the actual medical expenditure as Rs. 14,85,279/- (comprising three specific sums: Rs. 4,04,290/-, Rs. 3,92,459/-, and Rs. 6,88,530/-).

Source reference: para. 4

The Court reasoned that since this head of compensation was mistakenly omitted in the previous appellate order, it was necessary to modify the tabulated format to rectify the oversight and ensure the claimants receive the full amount they are legally entitled to.

Source reference: para. 5, 7
05

Holding

The Court held that the claimants are entitled to an additional Rs. 14,85,279/- under the head of "Medical Expenses," thereby increasing the total compensation from the previously ordered Rs. 33,04,251/- to a final sum of Rs. 47,89,530/-.

The Court allowed the MCC and modified the order dated 19.02.2026, directing that the interest rate awarded by the Tribunal would apply to this revised amount and clarified that all other aspects of the previous order remain intact.

Source reference: para. 5, 6, 7, 8
Chhattisgarh High Court

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ANSH MISHRA (MINOR)vsVIJENDRA GAUTAM

Chhattisgarh High Court · May 01, 2026

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