1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1048 of 2024 1 - Hire Singh Rawte S/o Mukundram Rawte Aged About 35 Years, R/o Ward No. 02 Borgaon P.S. And Tehsil Doundi District Balod (C.G.) ... Appellant versus 1 - Praveen Chiram S/o Mahesh Chiram Aged About 22 Years R/o Ward No. 05 Chikhali Road Narratola P.S. And Tehsil Doundi District Balod (C.G.) (Driver Of Vehicle Bolero Camper Gold No. Cg 04 Md 4671) 2 - Premshankar S/o Late Dayaram R/o Near Sahu Flour Mill, House No. 1036 Ward No. 12 Gudhiyari Road Kota Raipur (C.G.) (Owner Of Vehicle Bolero Camper Gold No. Cg 04 Md 4671) 3 - The Oriental Insurance Company Ltd. Through Zone Office Shivnath Complex, R/o G.E. Road Supela Bhilai Tehsil And District Durg (C.G.) (Insurer Of Vehicle Bolero Camper Gold No. Cg 04 Md 4671) (Insurance Valid From 04-05-2018 To 03-05-2019) ... Respondent(s) For Appellant : Mr. Amit Nayak, Advocate For Respondent No. 3 : Ms. M. Asha, Advocate Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 02.09.2025 1) This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “ MV Act”) has been filed by the appellant/claimant being aggrieved by the award dated 19.04.2023 passed in Claim Case No. 38/2020 by the Court of learned 1st Additional learned Motor Accident Claims Tribunal, Balod District- Balod (CG) (for short learned tribunal). By the impugned award the learned Tribunal has awarded Rs. 2,68,978/- in favour of the appellant/claimant against a claim of Rs. 25,50,000/- as compensation on account of grievous injuries received by him in an accident which HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.09.09 17:37:38 +0530 2 took place on 20.01.2019 by the rash and negligent driving of the offending vehicle i.e. Bolero Camper Gold bearing registration no. C.G-04-MD-4671. by respondent no. 1/driver, owned by respondent No. 2 and insured by respondent No. 3/insurance company. 2) As per the pleadings, the claim application filed under Section 166 of the MV Act, the appellant met with an accident and sustained severe injuries resulting in permanent disablement. He remained hospitalized for a considerable period, incurred substantial expenses towards his treatment, and suffered both mental and physical agony, as well as loss of income during the period of treatment. 3) The claim application was contested by the respondent No. 1 & 2 by filing written statements, wherein the averments made in the claim application were denied. The insurance company further raised the plea that there was a violation of the terms and conditions of the insurance policy, and therefore, it was not liable to pay compensation. It was also contended that the claim was exaggerated. 4) On the basis of the aforesaid pleadings, the learned Tribunal framed as many as 6 issues, which were decided in favour of the appellant/claimant and awarded in the following manner- 1. For medicine and treatment Rs. 1,78,978/- 2. For transportation, attendant and nutritious diet Rs. 30,000/- 3. For physical and mental agony Rs. 20,000/- 4. Loss of income for 4 months Rs. 40,000/- Total- 2,68,978/- 5) Learned counsel for the appellant submits that the amount of compensation awarded is on the lower side and requires suitable enhancement. He contends that the appellant remained bedridden for almost one year, whereas the loss of income has been restricted to only Rs. 40,000/- for a period of four months. Apart from this, certain bills have not been taken into consideration, which also warrants suitable 3 enhancement. It is further urged that the compensation awarded under other heads is inadequate and deserves to be enhanced. 6) Per contra, learned counsel for the respondent No. 3 submits that just and reasonable compensation has been awarded. He points out that no doctor was examined by the appellant, and the learned Tribunal has already considered the medical bills liberally. Therefore, no interference is called for. 7) Heard the learned counsel for the parties and perused the record. 8) From the evidence and material available on record, it is evident that the appellant suffered severe injuries and remained hospitalized for a considerable period. Bills produced by him amounting to Rs. 1,78,978/- have already been considered and awarded. However, certain bills amounting to Rs. 35,000/- were disbelieved. Even otherwise, considering the nature of injuries sustained, the duration of hospitalization, and other relevant facts and circumstances of the case, this Court deems it appropriate to award an additional sum of Rs. 50,000/- to ensure just compensation. 9) Respondent No. 3 is directed to deposit the aforesaid additional sum of Rs. 50,000/- within a period of 60 days. The said amount shall carry interest @ of 6% per annum from the date of filing of the appeal, i.e., 20.05.2024. 10) Accordingly, the appeal is allowed in part. Sd/- (Sachin Singh Rajput) Judge H.Ansari