NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 498 of 2021 Narendra Kumar Nishad, S/o Tilakram Nishad, aged about 24 Years, R/o Village Khapri Bartori, Police Station And Tahsil Bilha, District Bilaspur Chhattisgarh --- Appellant Versus 1. Rakesh Kumar Suryawanshi, S/o Badriprasad Suryawanshi, aged about 33 Years, R/o Village Amsena, Ward No. 15, Police Station Hirri, District Bilaspur Chhattisgarh ........(Driver Of Highwa Truck No. C. G. -10-C-1774) 2. Parsasdi Netam, S/o Sammat Lal Netam, aged about 34 Years, R/o Hirri, Mines, B. S. P. Colony, Police Station Chakarbhatha, District Bilaspur Chhattisgarh ........ (Owner Of Highwa Truck No. C. G. -10-C-1774) 3. Shriram General Insurance Company Limited Address-S-8, S-9, Second Floor, C. G. Plaza, Near Agrasen Chowk Telephone Exchange Road, Bilaspur Tahsil And District Bilaspur Chhattisgarh........(Insurer Of Highwa Truck No. C. G. -10-C-1774) --- Respondents For Appellant : Shri Vipin Singh, Advocate. For Respondent No. 3 : Ms. Santoshi Yadav, Advocate appeared on behalf of Shri Utsav Mahiswar, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order on Board 01 /09/2025 1. This appeal has been filed by the appellant / claimant under section 173 of the Motor Vehicle Act (for short (MV Act), challenging the award dated 28/02/2020 passed in MACT No. 208/2019 by the Motor Accident Claims Tribunal, Bilaspur, District – Bilaspur (C.G.) by which the learned Tribunal against a compensation of Rs. 10,00,000/- an amount of Rs.45,000/- was awarded in favour of the appellant/claimant on account of injuries sustained by him in an accident that occurred on 23/11/2018 by rash and negligent driving of the offending vehicle indica Hywa Truck bearing registration No. CG-10-C-1774. Driven by respondent No. 1 is the driver and Respondent No. 2 is the owner of the offending vehicle and insured with the respondent no.3/ Insurance Company. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.16 11:43:51 +0530 -2- 2. An application under section 166 of Act of 1988 was filed by the applicant/claimant inter-alia pleading that the deceased was aged about 24 years at the time of accident and sustained severe injuries including fractured on left hand. 3. The application was resisted by respondent No.3/Insurance Company that the driver was not having valid and effective driving license, there is a violation of terms and conditions of the Insurance Policy. 4. The learned Tribunal framed six issues on the basis of above broad pleadings and decided the same in favour of the appellant / claimant and awarded the compensation mentioned in the first paragraph. 5. Learned counsel for the appellant / claimant submits that the amount of the compensation is on lower side, the appellant/claimant was minor boy of 16 years, his whole life is ahead, therefore, adequate compensation may be enhanced. 6. Per contra, learned counsel for the respondents No. 3 submits that the just compensation has been awarded in all respect, the award has been made by th learned Claims Tribunal which does not require interference. 7. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 8. Considering the entire evidence available on record, nature injuries and permanent disablement sustained by him, this Court is of the opinion to award on additional amount of Rs.15,000/- to make the compensation just, which shall be payable by the respondent No. 3 / Insurance Company within a period of 60 from today days. After the amount of compensation is deposited by respondent No.3/insurance company, learned Tribunal shall pass appropriate order for disbursement. 9. Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish