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2020 DAILYLAW 621 (CHH)

GANJU KARAN TIRKEY v. RAKESH RAM RAJWADE

MAC/692/2020 · 2026-07-13

Shri Sanjay K Agrawal

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Judgment text

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(MAC No.692/2020) CGHC010094352020 2026:CGHC:29755 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 692 of 2020 {Arising out of award dated 23-11-2019 passed by the 2nd Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur in Motor Accident Claim Case No.97/2018} Ganju Karan Tirkey, S/o Shri Dilaram Tirkey, Aged about 30 years, Caste Oraon, R/o Village Kuruwan, P.S. Bishrampur, Tahsil & District Surajpur, Chhattisgarh. (Claimant) ... Appellant versus 1. Rakesh Ram Rajwade, S/o Raghunath Ram Rajwade, Aged about 34 years, Caste Rajwar, R/o Village Binkara, P.S. Lakhanpur, District Surguja, Chhattisgarh. (Driver) 2. Aanjniya Logistic & Infra Private Limited, Address – Ring Road, Namnakala, Ambikapur, District Surguja, Chhattisgarh. (Owner) 3. The Oriental Insurance Company Limited, Through Divisional Office, Rama Trade Centre, Near Bus Stand, Bilaspur, District Bilaspur, Chhattisgarh. (Insurance Company) ... Respondents For Appellant : Mr. Gyan Prakash Shukla, Advocate, through Video Conferencing. For Respondent No.3 : Mr. Nilkanth Malaviya, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 14/07/2026 SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.07.15 17:29:50 +0530 (MAC No.692/2020) 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 23-11-2019 passed by the 2nd Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur in Motor Accident Claim Case No.97/2018, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,05,818/- along with interest @ 9% per annum as compensation for the injury sustained by him. 2. Mr. Gyan Prakash Shukla, learned counsel appearing on behalf of the appellant herein through Video Conferencing, would submit that just and proper compensation has not been awarded to the appellant herein/claimant. 3. Mr. Nilkanth Malaviya, 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. The appellant herein/claimant suffered injuries and he was confined to bed for four months and the total compensation awarded to him is ₹ 1,05,818/-, which is on the lower side under the facts and circumstances of the present case. As such, considering the submissions, it would be appropriate to enhance the (MAC No.692/2020) compensation by awarding a further amount of ₹ 1,00,000/- (Rupees one lakh only). The concerned 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 5-9-2018 till its realisation. Rest of the conditions of the impugned award shall remain intact. 6. 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