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2025 DAILYLAW 21493 (CHH)

RAJESH (PURI) GOSWAMI v. JITESH SONI

MAC/438/2021 · 2025-06-29

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:28908 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 438 of 2021  Rajesh (Puri) Goswami S/o Shri Khagesh Puri Goswami Aged About 45 Years R/o Bazar Chowk, House No. 41 Changorabhata, District Raipur Chhattisgarh. (Claimant), District : Raipur, Chhattisgarh ... Appellant(s) versus 1. Jitesh Soni S/o Shri Ramkhilawan Soni Aged About 27 Years R/o Imlibhata, Mahasamund Chhattisgarh. (Driver), District : Mahasamund, Chhattisgarh 2. Indrasen Bhandekar S/o Shri Nanduram Bhandekar Aged About 41 Years R/o Choubebandha Road, Rajim, District Gariyaband Chhattisgarh. (Owner), District : Gariyabandh, Chhattisgarh ... Respondent(s) For Appellant : Ms. Varsha Ghosh, Advocate on behalf of Mr. J.K. Gupta, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 30-06-2025 1) Appellant/ claimant has filed this appeal under Section 173 of MV Act assailing the award passed by learned First Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Case No. 481/2017 dated 10.02.2020 whereby the learned Tribunal awarded Rs. 1,32,000/- with interest @ 6% p.a. from date of application till its realization. 2 2) Learned counsel for the appellant submits that on 15.06.2015 at about 05:00 p.m. when appellant was going from Katora Talab to Raipur, his motorcycle was dashed by a Hyundai Car bearing registration No. CG-04-HD-5558. She further submits that appellant sustained grievous injuries which resulted in multiple fractures and appellant remained in hospital from 15.06.2015 till 19.06.2015. She contends that treating doctor was examined and medical bills were submitted before the learned Tribunal but those were not considered appropriately. She further contends that no amount has been awarded for future medical expenses and under other heads, learned Tribunal has not awarded just and proper compensation. She prays to enhance the amount of compensation. 3) Heard learned counsel for the appellant/ claimant and perused the record. 4) Perusal of record would show that appellant sustained serious injuries but there was no disability and there was fracture in Tibia- Fibula bone of right leg ; plaster was applied and after few days, appellant became fit. It appears that appellant submitted medical bills of 66,796/- which was honored by the Tribunal and Rs. 70,000/- was awarded under head of “Medical Expenses”. A lump-sum amount of Rs. 20,000/- has been awarded under the heads of “Special Diet”, “Travel Expenses” and “Attendant Charges” looking to the nature of injury. An amount of Rs. 6,000/- under the head of “Physical and Mental Agony” and amount of Rs. 3 36,000/- towards “Loss of Income” was awarded by the Tribunal. Thus, in total Rs. 1,32,000/- has been awarded by the Tribunal. As, appellant is not suffering from any disability and appellant became fit, there is no need to grant compensation for future medical expenses. 5) Taking into consideration the facts of present case and the findings recorded by the Tribunal, in the opinion of this Court, learned Tribunal has awarded just and proper compensation. Consequently, this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya Digitally signed by AJINKYA PANSARE Date: 2025.07.03 11:32:45 +0530