1 MAC No. 646 of 2022 2025:CGHC:43797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 646 of 2022  Tarun Kumar Sahu S/o Shambhuram Sahu, Aged About 49 Years, R/o Village Kurmatarai, Police Station Arjuni, Tahsil and District : Dhamtari, Chhattisgarh. ... Appellant versus 1. Bhelendra Kumar Dhruv S/o Late Khoman Lal Dhruv, Aged About 46 Years, R/o Mahatama Gandhi Ward, Behind Ashram Dhamtari, Tahsil and District - Dhamtari (C.G.), Permanent R/o G.-33- J.A.D. Colony, Rudri Dhamtari, Tahsil and District Dhamtari (C.G.) ( Owner-Cum-Driver of the offending Vehicle). 2. Tata A.I.G. General Insurance Company Limited, Through Branch Manager, Branch Office No. 403. 4th Floor, D.B. City Corporate Park Plat No. 1, Block No. 9, Rajbandha Maidan Raipur, District - Raipur (C.G.) (Insurer of the offending Vehicle). ... Respondents For Appellant :- Mr. Anil Gulati, Advocate. For Respondent No.1 :- Mr. Sanjeev Kumar Sahu, Advocate. For Respondent No.2 :- Mr. Sourabh Sharma, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.29 16:48:09 +0530 2 MAC No. 646 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 28.02.2022 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Motor Accident Claim Case No. 80/2020, whereby learned Claims Tribunal has awarded a total sum of 1,12,000/- ₹ as compensation along with interest to the claimant as the claimant/appellant herein, Manager, in the accident had sustained injury on his left leg and due to the said injury his left leg was operated and so he was not able to discharge his duty for a period of three months. 2. Mr. Anil Gulati, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that loss of income has not been granted by the Claims Tribunal during the period of treatment which 3 MAC No. 646 of 2022 is liable to be given and, as such, the instant appeal deserves to be allowed. 3. Mr. Sanjeev Kumar Sahu and Mr. Sourabh Sharma, learned counsel for the respective respondents, would oppose the prayer made by learned counsel for the appellant and support the impugned award granted by the Claims Tribunal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 5. Admittedly, the claimant has not been granted loss of earning during his treatment, in that view of the matter, I am of the considered opinion that the claimant / appellant is entitled for loss of earning of 50,000/- during treatment for ₹ a period of three moths. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 25.11.2020 till its realization. 4 MAC No. 646 of 2022 6. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit