1 2025:CGHC:48365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 566 of 2022 Shivcharan Sahu S/o Ramdhan Sahu, Aged About 41 Years, R/o Village Pampapur, Police Station Surajpur, Tahsil Ramanujnagar, District- Surajpur (C.G.) ... Appellant/Claimant versus 1 - Bhikham S/o Somar Say @ Somar Nath Aged About 38 Years R/o Village Sidhma, Outpost Bariyo, Police Station And Tahsil Rajpur, District Balrampur (C.G.) (Driver Of Tractor Bearing Registration No. Cg 15 Cv 4829) 2 - Somar Nath S/o Jagdev Aged About 60 Years R/o Village Sidhma, Outpost Bariyo, Police Station And Tahsil Rajpur, District Balrampur (C.G.) (Owner Of Tractor Bearing Registration No. Cg 15 Cv 4829) 3 - Magma H.D.I. General Insurance Company Limited Through- Branch Manager, 5th Floor, D. B. City Corporate Park, Rajbandhu Maidan, Raipur, District- Raipur (C.G.) (Insurer Of Tractor Bearing Registration No. Cg 15 Cv 4829) ... Respondents For Appellant : Mr. Anil Gulati, Advocate For Respondents 1 & 2 : Mr. Nishikant Sinha, Advocate For Respondent 3 : Mr. Saurabh Gupta, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.22 11:32:39 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 19.09.2025 1. The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter, “the Act of 1988”) challenging the impugned award dated 07/01/2022 passed by learned Motor Accident Claims Tribunal, Surajpur, (C.G.) in Claim Case No. 54/2019 whereby compensation of Rs. 1,45,937/- has been awarded for the injuries suffered by him in the accident. 2. Learned counsel for the appellant would submit that the compensation awarded by the Claims Tribunal is on the lower side, therefore, it may be suitably enhanced. 3. Learned counsel for the respondents would support the impugned award and submit that the Claims Tribunal has awarded just and fair compensation which does not warrant any interference by this Court, accordingly, the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the record would show that appellant had suffered fracture below his right knee and had 3 undergone surgery in which iron rod was implanted in his leg and he remained hospitalized from 25/11/2018 till 03/12/2018. Moreover, Dr. J.K. Bhutani (A.W.-2) has been examined who has also stated that appellant/claimant had suffered surgery twice and a rod had been implanted in the Tibia bone of his right leg. As such, taking into consideration the facts of the case and the injury suffered by the appellant/claimant, the compensation awarded by the Claims Tribunal appears to be on the lower side, therefore, I deem it appropriate to enhance it from Rs. 1,45,937/- to Rs. 2,50,000/- along with 8% interest from the date of filing of the claim application till the date of its realization. The enhanced amount shall be deposited by respondent No. 3 within 45 days from the date of receipt of a copy of this order. The rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed to the extent indicated herein-above. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet