Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 335 of 2021 1 - Krishna Kumar Pandey, S/o Shri Laxmishanker Pandey, Aged About 50 Years By Caste Bramhan, R/o Divya Prakash Vidya Mandir Ke Pass, Ravi Nagar, Pouradhar, Tahsil Kotma, District Anuppur M P (Claimant), District : Anuppur, Madhya Pradesh
... Appellant versus 1 - Ravi Singh Radhuvanshi, S/o Late Umesh Kumar Singh, Aged About 24 Years R/o Ward No.9, R /s Bijuri, District Anuppur M P (Driver), District : Anuppur, Madhya Pradesh 2 - Shivpujan Singh S/o Late Chandrasingh, R/o Mines Colony, Bijuri, District Anuppur M P (Owner), District : Anuppur, Madhya Pradesh 3 - Iffco Tokiyo General Insurance Company Limited, 4th And 5th Floor Iffco Tower, Plot No. 3, Sector 29, Gudgaon 122001 (Insurer) ... Respondents For appellant/Injured : Ms. Bhavika Kotecha, Advocate For respondent/Insurance Company : Mr.P.R. Patankar, Advocate along with Mr. Pravesh Sahu, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18.09.2025 1) Heard 2) The appellant/injured has filed this appeal for enhancement of compensation against award passed by the learned Second Additional Motor Accident Claims Tribunal, Manendragarh, District Korea (C.G.) in Claim Case No.20/2013 dated 31.03.2021, whereby, learned Tribunal passed an award to the tune of Rs.2,73,961 with interest @ 6% per annum on account of injury sustained by the appellant. -2- 3) According to the facts narrated in the memo of appeal, on 18.11.2012 while the appellant was going for marketing on his motorcycle bearing registration No.M.P.18/MA/6788, the offending vehicle Alto bearing registration No.C.G. 16 B/2537 dashed the motorcycle, resultantly, the appellant sustained grievous injuries and there was fracture of femur bone of right leg. He remained hospitalized from 21.11.2012 to 12.12.2012 and after surgery, a rod was inserted. The appellant was working as teacher in a private school and he could not discharge his duties from month of December, 2012 to August, 2013. His salary was Rs.10,000/- per month. 4) Ms. Kotecha, counsel appearing for the appellant/injured would submit that though the learned Tribunal has honored medical bills submitted by the appellant and also awarded compensation for the period, the appellant could not earn but the learned Tribunal has awarded amount of compensation at lower side. She would pray to enhance the compensation. 5) On the other hand, Mr.Patankar, the learned counsel appearing for the Insurance Company would oppose the submissions made by Ms. Kotecha.
He would submit that the learned Tribunal has passed just and proper award. He would further submit that the appellant failed to examine treating doctor to prove the medical bills, certificates and other relevant documents. He would contend that the appeal deserves to be dismissed. 6) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 7) Learned Tribunal has awarded compensation to the appellant as under : Sr.No. Heads Compensation awarded by Tribunal
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1. Loss of Income Rs.90,000/-
2. Medical Expenses Rs.93,461/-
3. Pain and Suffering Rs.30,000/-
4. Transportation Rs.20,500/-
5. Foods Rs.30,000/-
6. Escort Rs.10,000/- Total Rs.2,73,961/- 8) A perusal of the award passed by the learned Tribunal would show that the learned Tribunal has honoured the medical bills submitted by the appellant, loss of earning has already been compensated and on other heads, the learned Tribunal has awarded just and proper compensation. 9) With regard to any further complication, the appellant failed to examine the treating doctor before the learned Tribunal. 10) Considering the above-discussed facts, I do not find any good ground to interfere with the award passed by the learned Tribunal. Accordingly the appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha