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2019 DAILYLAW 1334 (CHH)

NARESH KU SAHU v. AVINASH MOURYA

MAC/1898/2019 · 2026-07-28

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 1898 of 2019 CGHC010344622019 2026:CGHC:32538 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1898 of 2019  Naresh Ku Sahu S/o Ghanshyam Sahu, Aged About 20 Years, R/o Khaira Daganiya, Tehsil And District Bilaspur, Present Address Pali, Ward No. 25, P.S. Pali, District Korba Chhattisgarh..............Claimant. ... Appellant versus 1. Avinash Mourya S/o Shivkumar Mourya, Aged About 28 Years, R/o Sanjay Nagar Ward No. 4, Mourya Restaurant, Baloda Road, Akaltara, District Janjgir Champa Chhattisgarh...............(Vehicle Driver). 2. Indermani Minerals India Pvt. Limited, Tower C-1, First Floor, Aishwarya Chamber, Ge Road, Telibandha Raipur Chhattisgarh..................(Vehicle Owner). 3. The Oriental Insurance Company Limited, Through Its Branch Manager, Old Bus Stand, Geetanjali Bhavan, Korba, District Korba Chhattisgarh.............(Insurance Company). ... Respondents For Appellant :- Mr. Pallav Mishra, Advocate. For Respondent No.3 :- Mr. P. Dutta and Mr. Sudhir Agrawal, Advocates. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1898 of 2019 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07.2026 1. This appeal has been filed by the appellant/injured claimant under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”), seeking enhancement in the compensation amount, against the impugned award dated 13.05.2019 passed by the Additional Tribunal to the Additional Motor Accident Claims Tribunal, Katghora, District Korba, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 158/2017, whereby the Claims Tribunal allowed the claimant’s application and awarded 1,46,559/- along with ₹ interest. 2. Mr. Pallav Mishra, learned counsel for the appellant, would submit that compensation amount awarded by the Claims Tribunal is on lower side and the lump sum amount is liable to be enhance to make the compensation just and proper. 3. Mr. P. Dutta and Mr. Sudhir Agrawal, learned counsels for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and submit that the compensation amount is just and proper awarded by the Claims Tribunal and the same does not call for interference. 4. Having heard learned counsel for the parties and after going through the records, I am of the considered opinion to 3 MAC No. 1898 of 2019 enhance 50,000/-, in the compensation amount awarded by ₹ the Claims Tribunal to make it just and proper, meaning thereby the total compensation amount would be 1,96,559/- ( 1,46,559 + 50,000) ₹ ₹ ₹ . However, the other direction contained in the impugned award shall remain as it is and the same is applicable on the amount enhanced by this Court. 5. 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 Ankit