(MAC No.185/2019) 2026:CGHC:18125 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 185 of 2019 Chhotulal Banjare, S/o Latel Ram Banjare, aged about 52 years, R/o Village Jhabdi, Police Station & Tahsil Kasdol, District Balodabazar, Chhattisgarh (Claimant) ... Appellant versus 1. Mithun Bhoi, S/o Bhikha Bhoi, aged 24 years, R/o Chaarmaal, Post Redakhol, Police Station Chaarmaal, District Sambalpur, Orissa (Driver of offending truck No.OR-17/F-3517) 2. Pradeep Kumar Agrawal, S/o Ramawtar Agrawal, aged 46 years, R/o Ward No.4, Bargarh, Police Station Bhatli Chowk, District Bargarh, Orissa (Owner of offending truck No.OR-17/F-3517) 3. The Branch Manager, Bajaj Allianz Assurance Company Limited, 2nd Floor, VSS Road, Near Hotel Vikky, Above Allahabad Bank, Sambalpur, Orissa (Insurer of offending truck No.OR-17/F-3517) ... Respondents For Appellant : Ms. Pooja Yadav, Advocate on behalf of Ms. Supriya Upasane, Advocate. For Respondent No.3 : Mr. Prashant Sahu, Advocate on behalf of Mr. Sangeet Kumar Kushwaha, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 21/04/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.04.21 18:01:38 +0530 (MAC No.185/2019) 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 28-2-2018 passed by the 2nd Additional Motor Accident Claims Tribunal, Balodabazar, in Motor Accident Claim Case No.H 17/2017, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,26,990/- as compensation to the appellant herein/claimant. 2. Ms. Pooja Yadav, learned counsel appearing on behalf of the appellant herein/claimant, would submit that just and proper compensation has not been awarded. 3. Mr. Prashant Sahu, learned counsel appearing on behalf of the Insurance Company/respondent No.3 herein, would submit that just and proper compensation has been awarded. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. In the present case, the claimant/injured/appellant herein suffered injuries on various parts of the body including fracture in neck bone. Considering that at least ₹ 6,289/- per month ought to have been awarded as per the chart of 2016 for a semi-skilled worker i.e. the appellant herein who is a fruit vendor, the appellant/claimant would be entitled for following compensation: - (MAC No.185/2019) S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Loss of Income during treatment ₹ 12,000/- for two months ₹ 12,578/- for two months @ ₹ 6,289/- per month 2. Medical Expenses ₹ 1,03,390/- ₹ 1,03,390/- 3. Pain & Suffering ₹ 5,000/- ₹ 25,000/- 4. Special Diet ₹ 5,000/- ₹ 15,000/- 5. For Attendant ₹ 1,600/- ₹ 5,000/- 6. Conveyance NIL ₹ 5,000/- 9. Future Medical treatment NIL ₹ 20,000/- Total ₹ 1,26,990/- ₹ 1,85,968/- 6. In view of the aforesaid analysis, the amount of compensation of ₹ 1,26,990/- awarded by the Claims Tribunal is enhanced to ₹ 1,85,968/-. Hence, after deducting the amount of ₹ 1,26,990/-, the appellant is held entitled for an additional amount of ₹ 58,978/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 2-2-2017 till its realisation. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Soma