(MAC No.47/2020) 2026:CGHC:27452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 47 of 2020 {Arising out of award dated 1-10-2019 passed by the Additional Tribunal, Katghora of the Additional Motor Accident Claims Tribunal, Katghora, District Korba in Accident Claim Case No.156/2016} Smt. Tameshwari Kashyap, W/o Late Mohan Lal Kashyap, Aged about 32 years, Minor, R/o Pankha Dafai, Bhairotal, Surakachhar, Tahsil Katghora, District Korba, Chhattisgarh. (Claimant) ... Appellant versus 1. Vinod Kumar Banjare, S/o L.P. Banjare, Aged about 35 years, R/o Chakarbhatha, District Bilaspur, through Rakesh Kumar Agrawal, S/o Balram Agrawal, R/o Through Mangat Ram Banwari Lal Agrawal, Agroha Marg, Korba, Police Station, Tahsil and District Korba, Chhattisgarh. 2. Rakesh Kumar Agrawal, S/o Shri Balram Agrawal, R/o Through Mangat Ram Banwari Lal Agrawal, Agroha Marg, Korba, Police Station, Tahsil and District Korba, Chhattisgarh. 3. New India Insurance Company Ltd., Through Divisional Manager, New India Insurance Company Ltd., Branch Office T.P. Nagar, Korba, Tahsil and District Korba, Chhattisgarh. ... Respondents For Appellant : None present. For Respondent No.3 : Mr. Azad Siddiqui, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.07.03 17:48:49 +0530 (MAC No.47/2020) 03/07/2026 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 1-10-2019 passed by the Additional Tribunal, Katghora of the Additional Motor Accident Claims Tribunal, Katghora, District Korba in Accident Claim Case No.156/2016, whereby the learned Claims Tribunal has awarded a total sum of ₹ 2,34,483/- along with interest @ 7% per annum as compensation for the injury sustained by him. 2. Admittedly, an amount of ₹ 4,68,967/- has been assessed as compensation by the Claims Tribunal, however, while awarding compensation to the claimant, 50% amount from the assessed compensation amount has been reduced on the ground of negligence on the part of the claimant. However, the question of contributory negligence has not been established by the Insurance Company, as there is no evidence adduced in this regard. Consequently, the finding of contributory negligence is set aside and the claimant/appellant herein would be entitled to compensation to the extent of ₹ 4,68,967/-. 3. Accordingly, the amount of compensation of ₹ 2,34,483/- awarded by the Claims Tribunal is enhanced to ₹ 4,68,967/-. Hence, after deducting the amount of ₹ 2,34,483/-, the appellant is held entitled for an additional amount of ₹ 2,34,484/-. The concerned (MAC No.47/2020) respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 26-10-2016 till its realisation. Rest of the conditions of the impugned award shall remain intact. 4. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. 5. Intimation along with a copy of this judgment be sent to the appellant, as none has appeared in this case on behalf of the appellant to represent her. Sd/- (Sanjay K. Agrawal) Judge Soma