1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 578 of 2022 1 - Dinesh Chandrawanshi S/o Shri Ramcharan Chandrawanshi Aged About 30 Years R/o Village - Birkona, Thana - Pipariya, Tahsil, Kawardha, District : Kawardha (Kabirdham), Chhattisgarh ...Appellant versus 1 - Nakul Verma S/o Shri Ghasiram Verma Aged About 38 Years R/o Village Taregaon Maidan, Thana And Tahsil - Bodla, District : Kawardha (Kabirdham), Chhattisgarh 2 - Chhannuram Verma S/o Shri Aswaram Verma R/o Village Taregaon Maidan, Thana And Tahsil - Bodla, District : Kawardha (Kabirdham), Chhattisgarh 3 - Branch Manager, The Oriental Insurance Company Limited Chhabda Plaza, Second Floor, Naveen Bajar Kawardha, Tahsil - Kawardha, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s) For Appellant/Claimant/Injured : Mr. Sumit Shrivastava, Advocate For respondent No.3/Insurance : Mr. Ratan Pusty, Advocate Company Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.02.2026 1. Heard. 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 assailing the award passed by the learned Motor Accident Claims Tribunal Kabeerdham, District Kabeerdham (C.G.) in Claim Case No.80/2019 dated 02.12.2021 whereby, the learned Tribunal granted a sum of Rs.45,000/- with interest @ 6% on account of injuries sustained by the claimant. 3. Learned counsel for the appellant/claimant/injured would submit that on 10.01.2018 at around 7:40 p.m., motorcycle of claimant was dashed by REKHA SINGH 2 tractor bearing registration No.C.G.09-C-9072, resultantly, he sustained injuries over left shoulder, left knee and stomach. He would further submit that the claimant was admitted in Radiance Hospital, Bodla and thereafter, Chndrayan Hospital Kawardha and he remained hospitalized for a period of 30 days. He would contend that the claimant spent a sum of Rs.1,00,000/- in treatment and placed medical bills vide Ex.P/9 to P/18 but the learned Tribunal granted compensation of Rs.25,000/- only on the ground that the claimant failed to examine treating doctor. He would further contend that on conventional heads, learned Tribunal has granted meager amount. He would pray to enhance the compensation. 4. On the other hand, learned counsel appearing for respondent/Insurance Company would oppose the submissions made by Mr. Shrivastava. He would submit that the claimant failed to examine treating doctor. He would further submit that according to the medical documents, the claimant suffered simple injuries. He would contend that as the claimant failed to examine treating doctor, learned Tribunal rightly granted a sum of Rs.25,000/- against the medical treatment. He would further contend that on conventional heads, learned Tribunal has granted just and proper compensation and thus, the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. The claimant suffered simple injuries in accident and this fact is evident from perusal of Ex.P/3. Though the claimant placed on record medical bills but failed to examine treating doctor and thus, in my opinion, learned Tribunal rightly granted a sum of Rs.25,000/- against medical expenses incurred in treatment. 7. It is not a case of the claimant that he suffered any permanent disability in 3 said accident, therefore, learned Tribunal rightly granted a sum of Rs.10,000/- for pain and suffering and Rs.5,000/- for special diet but the learned Tribunal should have granted a sum of Rs.10,000/- for loss of income for one month. 8. Taking into consideration the above-discussed facts, the appeal preferred by the claimant is partly allowed and sum of Rs.5,000/- granted against loss of earning for one month is enhanced from Rs.5,000/- to Rs.10,000/-. The claimant shall be entitled for a sum of Rs.5,000/- with interest @ 6% per annum from the date of application till its realization. The Insurance Company shall make payment of enhanced compensation within a period of two months. 9. Accordingly, the appeal is partly allowed. Sd/- (Rakesh Mohan Pandey) Judge Rekha