(MAC No.330/2019) 2026:CGHC:14327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 330 of 2019 {Arising out of award dated 29-11-2018 passed by the Motor Accident Claims Tribunal, Bemetara in Claim Case No.10/2017} Jugesh @ Yugesh Patel, S/o Rewaram Patel, aged about 40 years, Caste Lodhi, R/o Hadgaon, Tahsil Berla, Police Station & District Bemetara, Chhattisgarh. (Claimant) ... Appellant versus 1. Rakesh Patel, S/o Aliram Patel, aged about 22 years, R/o Bhatgaon, Police Station Perpodi, Tahsil Saja, District Bemetara, Chhattisgarh. (Driver of offending vehicle) 2. Naresh Kumar Sinha, S/o Jeerakhan Sinha, R/o Perpodi, Police Station Perpodi, Tahsil Saja, District Bemetara, Chhattisgarh. (Registered owner of offending vehicle) 3. Bajaj Aliyanz General Insurance Company, Shivmohan Bhawan, Vidhansabha Road, Pandri, Raipur, District Raipur, Chhattisgarh. (Insurer of offending vehicle) (Non-applicants) ... Respondents For Appellant : Ms. Pratibha Sahu, Advocate. For Respondent No.3 : Mr. Ghanshyam Patel and Mr. Harshmander Rastogi, Advocates. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25/03/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.03.27 17:41:42 +0530 (MAC No.330/2019) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 29-11-2018 passed by the Motor Accident Claims Tribunal, Bemetara in Claim Case No.10/2017, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,00,000/-. 2. Ms. Pratibha Sahu, learned counsel appearing on behalf of the appellant herein/claimant, would submit that the application under Order 41 Rule 27 of the CPC has been filed as just and proper compensation has not been awarded and the disability certificate be taken on record. 3. Mr. Ghanshyam, Patel, learned counsel appearing on behalf of respondent No.3/Insurance Company, would submit that the compensation awarded is just and proper, if the application under Order 41 Rule 27 of the CPC is allowed, the Insurance Company be permitted to rebut those documents. 4. I have heard learned counsel for the parties and considered their submissions made herein-above and also went through the record with utmost circumspection 5. The compensation awarded is lump-sum to the extent of an amount of ₹ 1,00,000/-. 6. Also heard on the application under Order 41 Rule 27 of the CPC. 7. After hearing learned counsel for the parties and after going through the record, I am of the considered opinion that the (MAC No.330/2019) application for taking additional documents on record, deserves to be allowed, as the documents are necessary for just and proper disposal of the claim petition including the disability certificate. Accordingly, the application is allowed and the documents are taken on record. 8. The matter is remitted to the Claims Tribunal for making further enquiry on the additional documents filed by the claimant for proving those documents and to lead evidence. The respondents will also be at liberty to file additional documents and to prove those documents and also to lead evidence, if any, and thereafter, the Claims Tribunal shall pass additional award, in accordance with law. This whole exercise shall be done within 4 months from the date of receipt of a copy of this order. Record be sent back forthwith. 9. With the aforesaid observation and direction, the appeal stands finally disposed of. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma