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2025 DAILYLAW 14926 (CHH)

ANKIT KUMAR YADAV v. KANHAIYA YADAV

MAC/501/2022 · 2025-08-31

Shri Sanjay K Agrawal

body2025

Judgment text

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1 2025:CGHC:44454 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 501 of 2022 Ankit Kumar Yadav, S/o. Suresh Kumar, Aged About 25 Years, R/o. Village Palidih, Tahsil Patthalgaon, District Jashpur (C.G.) ... Appellant versus 1 - Kanhaiya Yadav, S/o. Nirmal Yadav, Aged About 24 Years, R/o. Village Gadai, Tahsil Chhuikhadan District Rajnandgaon (C.G.) (Driver Of Alleged Vehicle) 2 - Tuleshwar Kumar Yadav, S/o. Hiralal Yadav, Aged About 53 Years, R/o. Village Gadai (Tikripara), Tahsil Chhuikhadan District Rajnandgaon (C.G.) (Driver Of Alleged Vehicle) 3 - The New India Insurance Company Limited, Divisional Office Raipur, District Raipur (C.G.) (Insurer Of Alleged Vehicle) ... Respondents For Appellant : Mr. Ajeet Kumar Yadav, Advocate For Respondent No.1 & 2 : Mr. Rishi Sahu, Advocate on behalf of Mr. Jitendra Gupta, Advocate For Respondent No.3 : Mrs. Swati Agrawal, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.02 10:34:23 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 01.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant against the impugned award dated 16.03.2022, by which the learned Claims Tribunal has awarded an amount of compensation of Rs. 1,71,940/- for the injuries suffered by the appellant on the accident occurred on 11.07.2019. 2. Mr. Ajeet Kumar Yadav, learned counsel for the appellant, would submit that very meager amount has been awarded by the learned Claims Tribunal, which may kindly be enhanced, as just and proper amount of compensation has not been awarded to the appellant. 3. Mr. Rishi Sahu, learned counsel appearing for the respondent No.1 & 2 and Mrs. Swati Agrawal, learned counsel for the insurance company/ respondent No.3 would support the impugned award and submit that the appeal of the appellant is liable to be dismissed. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Considering the oral & documentary evidence available on record, it would be appropriate to enhance the amount of compensation of Rs. 1,71,940/- to Rs. 2,00,000/-. Accordingly, after deducting the amount of compensation as awarded by the learned Claims Tribunal i.e. Rs. 1,71,940/- from the enhanced amount of compensation i.e. Rs.2,00,000/-, the appellant/ claimant is entitled to get an additional amount of Rs. 28,060/-. The concerned respondent is directed to deposit the enhanced amount of compensation within a period of 30 days from the date of receipt of copy of this award along-with the interest as awarded by the learned Claims Tribunal 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. 6. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok