1 2025:CGHC:49404 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 613 of 2023 Mahfuj Yeraki @ Mahfuj Alam S/o. Late Aajami Yeraki, Aged About 53 Years R/o. Village - Anandpur, Schoolpara, P.S. - Ramchandrapur District Balrampur Ramanujganj Chhattisgarh ... Appellant/Claimant versus 1 - Smt. Kanchan Kanoujiya D/o. Rajkumar Kanoujiya Aged About 23 Years R/o. Village Bhagwanpur Jirat P.S. - Chalgali District - Balrampur - Ramanujganj Chhattisgarh (Driver) 2 - Firoz S/o. Ebrahim Phirdoshi Aged About 45 Years R/o. Mominpura P.S. - Ambikapur District - Surguja Chhattisgarh Legal Representative Of Registered Owner Of Inova Vehicle No. C.G. 10 F 6082 (Owner) 3 - The Divisional Manager, United India Insurance Company Limited Division Office - Brahm Road Near Kumkum Hotel, P.S. - Ambikapur, District Surguja Chhattisgarh Insurer Of Inova No. C.G. 10 F 6082 (Insurer) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.26 12:48:42 +0530 2 For Appellant : Mr. A.N. Pandey, Advocate For Respondent No. 3 : Mr. Dashrath Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 26.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 04/02/2023 passed by learned 2nd Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 59/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 4,59,537/- as compensation to the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the compensation awarded by the Claims Tribunal is not just and proper, therefore, an additional amount of Rs. 2,00,000/- may be awarded as compensation to the appellant and the impugned award may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation 3 awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Having heard learned counsel for the parties and having gone through the record as well as paragraph 25 of the impugned judgment wherein the Claims Tribunal has granted Rs. 3,46,537/- for medical expenses, Rs. 20,000/- for transportation expenses, Rs. 10,000/- for future treatment, Rs. 18,000/- for attendant’s fees, Rs. 15,000/- for nutrition, Rs. 10,000/- for pain and agony, Rs. 40,000/- for loss of earning and thereby, granted a total of Rs. 4,59,537/- as compensation to the appellant/claimant, however, considering that on account of the accident, appellant/claimant suffered surgery in his left leg and a rod was implanted due to which he remained hospitalized from 02/10/2018 to 12/10/2018, I deem it appropriate to grant a lumpsum amount of Rs. 1,00,000/- to the appellant/claimant to make the compensation just and proper. Respondent No. 3 is directed to deposit the additional compensation of Rs. 1,00,000/- within 45 days from the date of receipt of a copy of this order, which shall carry interest @ 7.5% per annum from the date of filing of 4 the claim application i.e. 22/02/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed to the extent indicated herein-above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet