-1- 2025:CGHC:3260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 362 of 2021 1 - Raja @ Indrapal, S/o Kamta Prasad, Aged About 35 Years R/o. Kailash Pati Nagar, Dhamtari, Motimpur, Tahsil And District Dhamtari Chhattisgarh. (Claimant), District : Dhamtari, Chhattisgarh ... Appellant/Claimant versus 1 - Shantosh Bishwas Shadga, S/o Bishwas Shadga, Aged About 55 Years R/o, Talibandha Raipur, Police Station - Talibandha, Tahsil And District Raipur Chhattisgarh. (Driver Of The Vehicle), District : Raipur, Chhattisgarh 2 - Chandan Singh, S/o Madan Singh, Aged About 44 Years R/o - Talibandha Raipur, Police Station - Talibandha, Tahsil And District Raipur Chhattisgarh. (Owner Of The Vehicle), District : Raipur, Chhattisgarh 3 - Divisional Manager, The Oriental Insurance Co. Ltd. M.B. Trade, Balak Chowk, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Insurer), District : Dhamtari, Chhattisgarh ... Respondents For Appellant/Claimant : Mr. Kunal Das, Advocate For respondent No.3/ : Ms. Swati Agrawal, Advocate holding the brief of Insurance Company Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.01.2025 1) Heard. 2) The appellant/claimant/injured has filed this appeal against the award dated -2- 03.10.2019 passed by the learned Motor Accident Claims Tribunal, Dhamtari, District-Dhamtari (C.G.) in Claim Case No.140/2017 for enhancement of compensation. 3) The facts of the present case are that on 20.12.2014 at about 4:00 o’clock, when the appellant was going towards Sitalaband from Deoda Bazar near Village Chapka, Jagdalpur Road, he was dashed by the offending vehicle Truck No.C.G./04/A/9051 which was being driven rashly and negligently by the driver/respondent No.1. 4) Respondent No.2 was the owner of the vehicle and the offending vehicle was insured with respondent No.3. The appellant sustained grievous injuries and he remained hospitalized from 21.12.2014 to 10.01.2015. The Claimant/injured claimed a sum of Rs.20,60,000/- as compensation. The driver, owner as well as the insurance company filed their reply and denied contents of the application. 5) The learned Tribunal after appreciation of evidence fastened liability with the insurance company as the offending vehicle was insured with it and awarded a compensation of Rs.1,76,000/- with interest @ 9% per annum. 6) Mr. Das, the learned counsel appearing for the appellant/injured/claimant would submit that the learned Tribunal failed to award compensation against the medical bills submitted by the claimant. He would refer to Ex.A-19 to Ex.A-22 for a total amount of Rs.1,15,200/- whereas those bills were issued by the hospital as the amount mentioned in those receipts were deposited by -3- the claimant for his treatment. He would pray to enhance the compensation to the tune of Rs.1,15,200/-. 7) On the other hand, Ms. Agrawal, the learned counsel appearing for the respondent No.3/Insurance Company would oppose the submissions made by Mr. Das. She would submit that those receipts are not bills, therefore, the learned Tribunal ignored those receipts. She would further submit that the claimant failed to examine doctors or any medical staff to prove the authenticity and genuineness of those receipts. She would contend that the learned Tribunal has already awarded compensation against medical bills, vouchers etc. She would lastly submit that the present appeal deserves to be dismissed. 8) I have heard the learned counsel appearing for the parties and perused the records. 9) A perusal of Ex. A-19 to Ex.A-22 would reveal that these are the receipts issued by the hospital staff to the tune of Rs.1,15,200/-. These are not the bills or vouchers issued by any medical store or hospital or by any medical agency. The treating doctor or the staff of the hospital has not been examined to prove the authenticity or genuineness of those receipts. 10) The learned Tribunal has already awarded a compensation of Rs.1,36,000/- against the medical bills. 11) Taking into consideration the above-stated facts, I do not find any good ground to interfere with the award passed by the learned Tribunal. -4- Consequently, the present appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha