Extracted from the PDF above. The PDF is authoritative.
1 (MAC No. 384 of 2023)
2025:CGHC:42136
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 384 of 2023 1 - Shubham Jaiswal S/o Shri Shailendra Jaiswal Aged About 24 Years R/o House No. 44, Ward No. 10, Old Basti Katghora District- Korba Chhattisgarh. Presently Residing At Juna Bilaspur, Police Station- City Kotwali, Tehsil And District Bilaspur ..........Claimant/applicant
--- Appellant(s) versus 1 - Vivek Mungutwar S/o Shri R. R. Mungutwar R/o House No. 05, State Bank Colony, Fafadeah, Raipur Tehsil And District- Raipur ...........Driver And Owner Of Vehicle No. C. G. 04- MF. 1833
2 - Branch / Divisional Manager The New India Insurance Company Limited, Branch Office- Rama Trade Centre, In Front Of Rajiv Plaza, Police Station Civil Lines, Tehsil And District- Bilaspur ..........Insurer Of Vehicle No. C. G. 04- MF. 1833
--- Respondent(s) (Cause-title taken from the Case Information System) For Appellant :- Mr. Tapan Kumar Chandra, Advocate For Respondent No.2 :- Mr. Saurabh Gupta, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board 20.08.2025
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.22 15:55:04 +0530
2 (MAC No. 384 of 2023) appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 14.12.2022 passed by learned V Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh in Claim Case No.279/2022, whereby an amount of Rs.88,000/- along with 5% interest rate per annum from the date of claim application has been awarded as compensation to the claimant for the injuries sustained in a motor accident.
2.
Learned counsel for the appellant/claimant would submit that the appellant/claimant has suffered grievous injuries in left leg, left hand elbow and other parts of the body due to negligent and rash driving of respondent No.1 and remained hospitalized for three days. However, the compensation awarded to the claimant by the learned Claims Tribunal is on the lower side and may be suitably enhanced.
3.
Learned counsel for respondent No.2/insurance company would submit that the amount of compensation awarded by the learned Claims Tribunal is just and proper, which does not call for any interference.
4. After hearing learned counsel for the parties, going through the materials available on record and considering
3 (MAC No. 384 of 2023) the facts and circumstances of the case, the amount of compensation of Rs.88,000/- awarded by the Claims Tribunal is enhanced to Rs.1,18,000/-. Hence, after deducting the amount of Rs.88,000/-, the appellants are entitled for an additional amount of Rs.30,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 5% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
5. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
6. Let a certified copy of this order be transmitted to the concerned Motor Accident Claims Tribunal for necessary information and action, if any.
Sd/- (Sanjay K. Agrawal) Judge @d!t!