1 2025:CGHC:41559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 113 of 2017 1 - Rahul Varma S/o Gopal Varma, Aged About 10 Years Minor Through Father Gopal Varma S/o Dhanpat Varma, R/o Through- Rambharat Kashyap, Village And Post Malhar, Police Chowki Pachpedi, Tahsil And Police Station Masturi, District Revenue And Civil Bilaspur, Chhattisgarh, Chhattisgarh. ... Appellant(s) versus 1 - Bhuvneshwar Prasad Sahu S/o Rajaram Sahu, Aged About 35 Years R/o Village- Balaudi, Police Station Palari, District Revenue And Civil Balodabazar, Chhattisgarh ..............Driver Of The Vehicle Bus No. C.G. 04 E-0636, Chhattisgarh. 2 - Smt. Lata Varma W/o Narendra Varma, R/o Bajarang Chowk Balodabazar Shakun Bus Service New Bus Stand, Tahsil And Police Station And District Revenue And Civil Balodabazar, Digitally signed by RAGHVENDRA JAT 2 Chhattisgarh ..............Owner Of The Vehicle Bus No. C.G. 04 E-0636, District : Balodabazar-Bhathapara, Chhattisgarh. 3 - The Oriental Insurance Company Limited, Through Divisional Manager, Divisional Office- In Front Of Rajiv Plaza, Bus Stand Bilaspur, Tahsil And District Revenue And Civil Bilaspur, Chhattisgarh ..............Insurer Of The Vehicle Bus No. C.G. 04 E-0636, District : Bilaspur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. Anand Kesharwani, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Mr. Hanuman Prasad Agrawal, Advocate on behalf of Mr. Goutam Khetrapal, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 18/08/2025 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the award dated 22.4.2016 passed by the learned Upper Motor Accident Claims Tribunal, Bilaspur (C.G.), in Claim Case No. 614/2014 whereby compensation of Rs. 2,10,000/- with interest @ 7.5% per annum, in favour of the appellant/claimant 3 has been awarded. 2. Brief facts of the case, is that, on 21.05.2013, Rahul Varma (minor), along with one Laxmi Narayan and his maternal grandmother, Smt. Nanki Noni, was traveling from Village Katgi to Sabar on a motorcycle being driven by Laxmi Narayan, who was driving in a careful and balanced manner. Rahul was seated between Laxmi Narayan and Nanki Noni, and when they reached Village Sel on the Katgi main road, a bus bearing registration No. C.G.04-E-0636, driven by respondent No. 1 in a rash and negligent manner and on the wrong side of the road, dashed against their motorcycle. As a result, Laxmi Narayan and Nanki Noni sustained severe injuries, while the applicant Rahul Varma sustained grievous injuries on his right eye, chest, and other parts of the body. The applicant, along with the other injured persons, was initially admitted to PHC Kandol, but due to his critical condition, he was referred to a higher medical center and was subsequently admitted on 22.05.2013 at Heritage Hospital, Raipur, where he remained under treatment until 15.06.2013. The applicant has further pleaded that at the time of the incident, he was 10 years old, completely healthy, and a bright student who also supported his parents. His minimum earning capacity was assessed at Rs. 150 to Rs. 200 per day, however, due to the loss of his right eye, he has lost future opportunities of good 4 education, sports, service, and marriage prospects. After evaluating the evidence and hearing the parties, the learned Tribunal awarded a total compensation to the tune of Rs. 2,10,000/- with simple interest at the rate of 7.5% per annum from the date of application, against which the present appeal has been filed for enhancement of compensation. 3. The tribunal has awarded a sum of Rs. 30,000/- towards medical bill, Rs. 20,000/- towards pain and suffering, Rs. 80,000/- towards disability, Rs. 30,000/- towards diet and travel and Rs. 50,000/- towards prospective damages. Thus, a total compensation of Rs. 2,10,000/- has been awarded in favor of the appellant/claimant. 4. Learned counsel for the appellant submits that the claims Tribunal has awarded a sum of Rs. 2,10,000/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the awarded compensation by the Tribunal is on the lower side. Therefore, the compensation amount may be enhanced suitably. Hence, this appeal may be allowed and awarded amount needs to be enhanced suitably. 5. On the other hand, it has argued on behalf of the counsel for respondent No. 3 that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper 5 and requires no further enhancement. 6. None for respondents No. 1 & 2 i.e. driver and owner of the offending vehicle. 7. I have heard learned counsel for the parties and perused the material available on record. 8. 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. 9. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. Considering the facts and circumstances of the case and also considering the fact that a sum of Rs. 1,00,000/- towards disability, Rs. 50,000/- towards pain and suffering, Rs. 1,00,000/- towards loss of amenities, Rs. 1,00,000/- towards future medical expenses, Rs. 50,000/- towards attendant and Rs. 20,000/- towards conveyance are hereby enhanced. 11. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 4,20,000/- in addition to what is already awarded 6 by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat