1 2025:CGHC:44049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 718 of 2023 Shrimati Vimla Nagesh W/o Shri Dipak Nagesh Aged About 36 Years R/o Mig-1, Mahavir Nagar, Rajendra Park Colony, Raipur, District Raipur, Chhattisgarh. (Claimant) ... Appellant(s) versus 1 - Anuj Kumar Sahu S/o Ghasiram Sahu Aged About 36 Years R/o Near Kapur Hotel, Kali Mandir, Shyam Nagar, P.S. Telibandha, District Raipur (C.G.) Presently R/o Lig-240, C.G.H.B Colony, Phase-1, Sejbahar, Santoshi Nagar, Raipur (C.G.) 492001. (Driver And Owner) 2 - Magma H.D.I. General Insurance Company Limited Through Regional Manager, Dainik Bhaskar Complex, Fifth Floor, Ge Road, Raipur, District Raipur, Chhattisgarh. (Insurer) ... Respondent(s) For Appellant(s) : Mr. P.R. Patankar, Appellant For Respondent No.2 : Ms. Harneet Kaur, Appellant SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.08.2025 HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.01 11:15:49 +0530 2 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 23.01.2023 passed by learned 1st Additional Motor Accident Claim Tribunal, Raipur (C.G.) in Claim Case No. 339/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 96,700/- as compensation. 2. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that on account of rash and negligent driving of respondent No. 1, accident occurred and the appellant herein suffered grievous injuries and breach of insurance policy was not found proved and awarded Rs. 96,700/- as compensation to the appellant. 3. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. The leaned Tribunal filed to given any reason for not considering all the medical bills, as produced by the appellant in the case and exhibited before the Claims Tribunal. 4. Learned counsel for the respondents would submit that the Tribunal is justified in assessing all the heads for 3 compensation to the injured on notional basis and the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. Learned Claims Tribunal assessing all the pleadings of the injured, granted Rs. 10,000/- for physical and mental suffering; Rs. 3000/- for transportation; Rs.7,000/- for nutritious food; Rs.10,000/- for other related expenses and Rs. 66,700/- for medical bills, which totals to Rs. 96,700/- with an interest of 7.5 % per annum, however, after going through the record, I am of the considered opinion that grant of Rs. 50,000/- as additional compensation would make the compensation already granted as just and proper compensation. 7. In view of the aforesaid analysis, the amount of compensation of Rs. 96,700/- awarded by the Claims Tribunal is enhanced to Rs. 1,46,700/-. Hence, after deducting the amount of Rs. 96,700/-, the appellant is held entitled for an additional amount of Rs. 50,000/-. The Respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 4 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 17.02.2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet