1 2025:CGHC:50261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 979 of 2020 1 - Virendra Karunik S/o Sukhiram Karunik Aged About 26 Years R/o Ravidas Nagar, Ward No. 4 Kawardha, District - Kabirdham Chhattisgarh., District : Kawardha (Kabirdham), Chhattisgarh ... Appellant(s) versus 1 - Suraj Kushwaha S/o Balkishan Kushwaha, Aged About 22 Years R/o Sahajpur, Police Station - Bhedaghat, District - Jabalpur (M.P.) (Driver Of Pick - Up Bearing No. M.P.-20-G.A.-8026), District : Jabalpur, Madhya Pradesh 2 - Balkishan Kushwaha S/o Panchlal Kushwahah, Aged About 46 Years R/o Sahajpur, Police Station - Bhedaghat, District - Jabalpur (M.P.) (Owner Of Pick - Up Bearing No. M.P.-20-G.A.-8026), District : Jabalpur, Madhya Pradesh 3 - Chola Mandalam M.S. General Insurance Co. Ltd. Branch Office - First Floor, Calcutta Auto Mobiles Near Galjar Hotel Nagpur Road Jabalpur (M.P.) (Insurer Of Pick - Up Bearing No. M.P.-20-G.A.-8026), District : Jabalpur, Madhya Pradesh ... Respondent(s) For Appellant : Shri Rakesh Thakur, Advocate. For Respondents No.1 & 2 : Shri Virendra Verma, Advocate. For Respondent No.3 : Shri Ghanshyam Patel, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board NIRMALA RAO 2 09.10.2025 1. The appellant/ claimant/ injured has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short 'Act of 1988') seeking enhancement of compensation against the award dated 23.03.2019, passed in Claim Case No.86 of 2017 by the learned Additional Motor Accident Claim Tribunal, Fast Track Court, District Kabirdham (C.G.), whereby the learned Tribunal passed an award to the tune of Rs.2,51,830/- and directed the Insurance Company to make payment with interest @ 9% per annum on account of injuries sustained by appellant/Virendra Karunik. 2. Learned counsel for the appellant would fairly submit that no disability certificate was produced before the learned Tribunal but the treating doctor was examined. He would contend that on 29.8.2015, the appellant was traveling to Bhorumdev Cooperative Sugar Mill and at the same time, the driver of the offending vehicle pickup bearing registration No.M.P. 20 GA 8026 by driving rashly and negligently dashed the motorcycle of the claimant. Consequently, he sustained injuries over his hands and legs. He was taken to the hospital where he remained hospitalized from 29.8.2015 to 20.9.2015 and thereafter, he was referred to VY Hospital, Raipur. He would submit that the claimant had to visit the hospital from Kawardha to Raipur 19 times between 1.10.2015 to 25.3.2016 for treatment. He would further submit that the claimant was an engineering student and due to injuries sustained by him he could not continue his studies for a couple of months. He would contend that the learned Tribunal has awarded a meagre amount on conventional heads and no amount has been 3 awarded for loss of earning. He would pray to enhance the compensation. 3. On the other hand, learned counsel for the respondents would oppose the submissions made by counsel for the appellants. They would submit that the learned Tribunal has awarded just and proper compensation. They would contend that the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 5. Dr. Gajendra Singh (AW-2) has admitted the fact that the claimant was brought for treatment on 29.8.2015 at around 5:00 pm. He further deposed that there was fracture of radius and ulna bones of right hand, which was operated. Admittedly, the claimant was an engineering student and on account of injuries sustained, he could not continue his studies for 2-3 months. The learned Tribunal has not granted compensation for loss of income during the course of treatment. Although the claimant was a student, the learned Tribunal ought to have considered this aspect. 6. Learned Tribunal has honoured medical bill of Rs.2,26,830/-. Learned Tribunal further awarded Rs.5,000/- for future medical expenses, Rs.5,000/- for conveyance, Rs.5,000/- for pain and suffering, Rs.5,000/- for attendant and Rs.5,000/- for special diet. The compensation awarded by the learned Tribunal under these heads appears to be at lower side. Thus, the award passed by the learned Tribunal requires reconsideration and same is being revisited herein- below: 4 Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Medical Bills Rs. 2,26,830/- Rs. 2,26,830/- 2. Loss of earning during that period not awarded by the Tribunal Rs.10,000/- 3. Future medical expenses Rs.5,000/- Rs.25,000/- 4. Conveyance Rs.5,000/- Rs.25,000/- 5. Pain and Suffering Rs. 5,000/- Rs. 30,000/- 6. Attendant Rs. 5,000/- Rs. 10,000/- 7. Special Diet Rs.5,000/- Rs.10,000/- TOTAL Rs. 2,51,830/- Rs. 3,36,830/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.2,51,830/- awarded by the Claims Tribunal is enhanced to Rs.3,36,830/-. Hence, after deducting the amount of Rs.2,51,830/-, the appellant/claimant/ injured is entitled for an additional amount of Rs.85,000/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi