1 2025:CGHC:17830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 594 of 2018 • Minor Nilesh Kumar S/o Rakesh Sahu, Aged About 11 Years Through Natural Guardian Father Rakesh Kumar Sahu S/o Lalman Sahu, Aged About 40 Years, R/o R.T.I. Colony, Bishrampur, Police Station Bishrampur, Tahsil And District Surajpur, Chhattisgarh, Presently Residing At Village Ledhuwa, Post Tejpur, Police Station And Tahsil Ramanujnagar, District Surajpur, Chhattisgarh (Claimant). ... Appellant versus • Suddhu Ram S/o Late Vidhun Ram Aged About 46 Years R/o Village Gorakhnathpur, Police Station Bishrampur, District Surajpur, Chhattisgarh. ... Respondent For Appellant : Mr. Anil Gulati, Advocate. For Respondent : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (21.04.2025) 1. This appeal arises out of the impugned award dated 31.01.2018 passed by the Second Additional Motor Accident Claims Tribunal, Surajpur, District-Surajpur (C.G.) in Claim Case No. 52/2017 awarding a compensation of Rs. 1,28,061/-with interest @ 09% per annum, in favour of the appellant/claimant SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.23 10:52:47 +0530 2 for his irreparable loss. 2. The averment in the claim petition, in brief, is that on 02.01.2017 at about 2.15 Pm, while Nilesh Sahu (Injured) with his friend Akash Sahu coming from Carmel School Bishrampur towards their home and when they reached nearby 2-A Colony Turn, the respondent driven his motorcycle bearing registration No. CG-15-E-9330 rashly and negligently, hitting Nilesh Sahu from behind. As a result of which he suffered multiple grievous injuries and he was hospitalized at Community Health Centre Bishrampur and from Bishrampur he has been referred to Ambikapur and from Ambikapur he has been referred to Ramkrishna Hospital at Raipur. After that, a report was lodged based on the above stated offence. Therefore, the appellant preferred an application to claim a total compensation of Rs. 4,00,000/- for his irreparable loss. 3. Learned Tribunal, after considering the evidence and documents brought on record and on perusal of some medical bills of treatment, Rs.1,03,061/- awarded towards medical expenses and compensation has been calculated in the following manner:- Heads Compensation Towards loss of income of the injured for two months Rs. 6,000/- Towards attendant Rs. 9,000/- Towards medical expenses Rs. 1,03,061/- Towards mental and physical agony Rs. 5,000/- Towards Nutritious food and traveling Rs. 5,000/- Total Rs. 1,28,061/- 4. Learned counsel for the appellant/claimant submits that the compensation awarded by the Tribunal is on the lower side and needs to be enhanced suitably. Learned counsel for appellant also submits that the Tribunal has awarded lesser compensation towards mental and physical agony which needs to be enhanced suitably. He further submits that no 3 compensation has been awarded towards future treatment. Thus, prayed for modification of the impugned award enhancing the compensation suitably. 5. No one appeared on behalf of the Respondent during the final hearing of this case. 6. I have heard learned counsel for the appellant and perused the award impugned including the record of the Tribunal. 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of Rs.1,28,061/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. It is an injury case. The claimant has brought on record his medical report (Ex. P-3) issued by Community Health Centre Bishrampur (CG). Which confirms a depressed skull fracture on the right posterior temporal bone. Based on this evidence, it is clear that the claimant sustained a depressed skull fracture on the right posterior temporal bone due to the said accident. 10. In that view of the matter, Rs.5000/- is awarded towards future treatment by this Court which has not been awarded by the Claims Tribunal and the amount given towards mental and physical agony of Rs. 5,000/- by the Claims Tribunal is hereby enhanced to Rs.10,000/-. The compensation amount towards loss of income for two months is Rs. 6,000/-, Rs.9,000/- towards attendant, Rs.1,03,061 towards medical expenses and Rs.5,000 towards special diet, nutritious food and traveling are found to be proper. Accordingly, the appellant/claimant would become entitled for total compensation of Rs.1,38,061/- in the following manner:- 4 Heads Modified/Enhanced Compensation Towards loss of income for two months 6,000/- Towards Attendant 9,000/- Towards medical expenses 1,03,061/- Towards mental and physical agony 10,000/- Special diet, nutritious food and traveling 5,000/- Future Treatment 5,000/- Total compensation Rs.1,38,061 /- 11. Thus, the total compensation is recomputed as Rs. 1,38,061/-. After deducting Rs. 1,28,061/- as awarded by the tribunal, the enhancement would be Rs. 10,000/-. 12. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 10,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. 13. The Registry is further directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.