1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 217 of 2017 1 - Sanjeev Kumar Tripathi S/o U.N.Tripathi, Aged About 40 Years R/o House No. E-16, R.D.A. Colony, Galgrah Marg, Tikrapara, Distt. Raipur, Chhattisgarh ...............Claimant, Chhattisgarh ... Appellant versus 1 - Shri Mahadev Jogi S/o Shri Udaynath Jogi, R/o Surupuri Kawardha, In Front Of Filter Plant, Mathpuraina Raipur, Chhattisgarh ...............Driver Of The Offending Vehicle Truck Bearing Registration No. C.G.04/ J A/1097, Chhattisgarh 2 - Shri Naresh Turang S/o Shri D.R. Turang, R/o Dharam Nagar, Pachpedi Naka, Raipur, Chhattisgarh ...............Owner Of The Offending Vehicle Truck Bearing Registration No. C.G.04/ J A/1097, District : Raipur, Chhattisgarh 3 - Royal Sundaram Alliance Insurance Com. Ltd. Chawla Complex, Sai Nagar, Devendra Nagar, Raipur, Chhattisgarh ...............Insurer Of The Offending Vehicle Truck Bearing Registration No. C.G.04/ J A/1097, District : Raipur, Chhattisgarh ... Respondents For Appellant : Shri Bhupendra Sukul, Advocate on behalf of Ms. Seema Singh, Advocate For Respondent No.3 : Shri Harshmander Rastogi, Advocate on behalf of Shri Bhaskar Payashi, Advocate Digitally signed by GOPAL SINGH Date: 2025.07.23 19:15:59 +0530 2 Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 13/06/2025 1. This is an appeal against the award dated 7.12.2016 passed by 7th Additional Motor Accidents Claims Tribunal, Raipur in Claim Case No.115 of 2013, whereby the Claims Tribunal has granted compensation of Rs.67,000/- in favour of the claimant fastening liability upon the insurance company to satisfy the award. 2. This appeal has been filed by the claimant for enhancement of the award. On 31.12.2012, the appellant/claimant, who was a Sales Manager in Pragati Industries, Raipur, was travelling in Truck No.CG 04 JA 1097 with 74 bundles of pipe and 21 box of fittings liquor sprinkler etc. The said truck over turned at about 5:30 pm near between Bindranawagarh Gariyaband Police Chowki. The appellant received injuries in the said accident. 3. On the basis of pleadings advanced by the respective parties, the Claims Tribunal awarded a sum of Rs.67,000/- towards injuries sustained by the claimant. The Claims Tribunal has awarded total Rs.67,000/-, which is in respect of treatment of the injured claimant. 4. Learned counsel for the appellant submits that except the compensation towards treatment, nothing has been awarded to the appellant/claimant in respect of pain and suffering, loss 3 of income, aid taken by the assistant and for healthy diet, as such the impugned award passed by the Tribunal is required to be enhanced. It was further argued that the claimant has suffered split fracture in proximal portion of tibia extending in region of lateral tibial plateau with avulsion of tibial attachment of posterior cruciate ligament. The claimant was directed for bed rest by the concerned doctor and, therefore, due to the injuries sustained by him, he could not worked for six months and thereafter he joined his services after one year of the accident, as such he suffered loss of Rs.2,39,172/- which has not been granted by the Tribunal. He has also not been granted amount towards special diet and for attendant as also for pain and suffering amount is required to be enhanced. 5. Whereas, learned counsel for the respondent/insurance company has submitted that appropriate orders have been passed by the Tribunal. After considering the entire aspect of the matter, the same is not required to be interfered with. 6. I have heard learned counsel for the parties and perused the record. 7. Considering the facts and circumstances of the case, considering the injuries sustained by the appellant/claimant, the enhancement is required as in many of the heads the Tribunal has not granted proper compensation to the claimant. 4 8. Hence, in addition to the amount already awarded by the Tribunal, following compensation is granted towards various heads: Sl.No. Particulars Amount (Rs.) 1 Towards Special Diet 10,000 2 Towards Attendant 10,000 3 Towards Conveyance 10,000 4 Towards Pain and Suffering 60,000 5 Towards Future Medical Expenses 10,000 Total = 1,00,000 9. Accordingly, the appeal is allowed in part to the extent shown above. 10. The other conditions of the award passed by the Claims Tribunal would be as it is. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh