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2023 DAILYLAW 891 (CHH)

RUKHMANI BAI v. SANTOSH NISHAD

MAC/219/2023 · 2026-03-22

Shri Sachin Singh Rajput

body2023

Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 219 of 2023 Rukhmani Bai W/o Late Lalji Patel, aged about 65 years R/o Silpahri, Post - Bilaspur, Police Station- Sirgitti, District : Bilaspur, Chhattisgarh ... Appellant versus 1. Santosh Nishad S/o Shambhu Nishad, aged about 26 years R/o Murra Bhatta, Near Budhwari Bazar, Police Station - Torwa, District - Bilaspur, (C.G.) (Driver, Motorcycle No. C.G. -10 NA – 9044) 2. Bhuneshwar Prasad S/o Pyarelal Singh R/o Ward No. 41, Shankar Nagar, Murra Bhattha Bilaspur, District - Bilaspur, (C.G.) (Owner, Motorcycle No. C.G. -10- NA-9044) 3. Branch Manager, National Insurance Company Limited, Branch Office - First Floor B-1, Taha Complex, Vyapar Vihar Road, Bilaspur, Tahsil And District - Bilaspur, (C.G.) (Insurer, Motorcycle No. C.G. - 10- NA-9044) ... Respondents For appellant : Shri Aditya Khare, Advocate For Respondent No.3 : Shri Sanjay Patel, Advocate (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board dated 23 /03/2026 IA No. 01/2023 for condonation of delay in filing the appeal is allowed and the delay in so doing is hereby condoned. 2. With the consent of the parties the matter is heard finally. 2 3. This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 20.07.2022 passed by Additional Motor Accident Claims Tribunal (for short “Tribunal”) Bilaspur, CG, in Claim Case No. 222/2019. 4. This is an appeal for enhancement of the compensation amount for the accidental injury and permanent disability of the appellant/claimant. Learned Tribunal awarded Rs. 84,400/- as compensation as against the claimed one Rs. 8,25,000/-. Hence this appeal. 5. Counsel for the appellant submits that learned Tribunal has committed an error in not properly appreciating the material available on record in its proper perspective. He submits that the injury suffered by the claimant and the disability resulting from that has not been considered by learned Tribunal while assessing the compensation, and for that the award needs to enhanced suitably. 6. Counsel for respondent No.3 however supports the award impugned to be just and proper and submits that learned Tribunal has considered all as- pects of the matter while assessing compensation, and being so no further enhancement is needed. 7. Heard counsel for the parties and perused the record. 8. Learned Tribunal after considering the material on record has awarded Rs. 24,000/- for loss of income; Rs. 25,000/- for pain and suffering; Rs. 10,000/- for nutritional diet, Rs. 5,000/- for transportation; Rs. 10,000 for keeping attendant and Rs. 10,000/- for future treatment. This is an appeal for enhancement of the compensation amount for the accidental injury and per- manent disability of the appellant/claimant. Learned Tribunal awarded Rs. 3 84,400/- as compensation as against the claimed one Rs. 8,25,000/-. Hence this appeal. 9. Having seen the material available on record, considered the extent of disability suffered by the claimant, and keeping in view the settled legal posi- tion, this Court is of the considered opinion that the compensation awarded by the Tribunal is fully justified. However, this Court awards a sum of Rs. 16,000/- in addition to what has been awarded by the learned Tribunal but without any interest on that, to make the compensation a just one. 10. Appeal is thus disposed of with the aforesaid observations. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.04.02 15:19:53 +0530