1 2025:CGHC:45700 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1061 of 2019 Shankar Thakur S/o Shri Bholanath Thakur Aged About 46 Years R/o Bauripara, Near Shiv Temple Ambikapur, District Sarguja Chhattisgarh. ... Appellant versus 1 - Sushila Tiwari W/o Shri Rakesh Tiwari R/o Thanganpara, Ambikapur, District Sarguja Chhattisgarh (Owner Of Offending Vehicle Bearing Registration C. G./04/ H.D./8412). 2 - The Oriental Insarance Company Limited D.O.-3 Raipur, R.K. Plaza, Panchpedi Naka, Ring Road, Raipur, Chhattisgarh Through Oriental Insurance Company Branch Office, Banaras Road, Ambikapur, District Sarguja Chhattisgarh. (Insurer Of Offending Vehicle Bearing Registration C. G./04/ H.D./8412). 3 - Rajat Dubey S/o Shri Sunil Dubey Aged About 23 Years R/o Shashtri Ward, Mayapur, Nagar, Ambikapur, District Sarguja Chhattisgarh. (Driver Of Offending Vehicle). 4 - Deva Shivsen S/o Shri C.G. Sen H. No. 601 Maruti Heritage Lalpur, Raipur, Chhattisgarh. Registered Insured Owner Of Offending Vehicle Bearing Registration C. G./04/ H.D./8412. ... Respondents For Appellant : Mr. R.S. Patel, Advocate. For Respondent No.2 : Mr. T.K. Tiwari, Advocate. For Respondents No.1 and 3 : Mr. Rakesj Jain, Advocate. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2025.09.11 11:20:03 +0530 2 Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 08.09.2025 1) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short MV Act) has been filed by the appellant/claimant, being aggrieved by the award dated 15.03.2019 passed by the learned First Additional Motor Accident Claims Tribunal, Ambikapur, District- Sarguja (C.G.) (for short “Tribunal”) in Claim Case No. 180/2017. 2) By the impugned award, against the claim of Rs.10,70,000/- the learned Tribunal has awarded compensation of Rs.3,71,958/- on account of the injury sustained by the appellant/claimant in an accident that occurred on 11.07.2016, by rash and negligent driving of the offending vehicle Car bearing Registration No.CG/04/HD/8412 driven by Respondent No.1-driver, owned by Respondent No.2-owner and insured with the Respondent No-3 Insurance Company. 3) As per the pleadings, the claim application as a result of the said accident, the appellant/claimant sustained severe injuries multiple fracture on his right leg and which could not be recovered. After the treatment he suffered permanent disablement. He was a plumber earning Rs.30,000/- per month. He spent Rs.3,00,000/- (Thirty Lakhs Only) on treatment thus claimed above stated compensation. The claim application was resisted by Respondent No.3 taking the plea of violation of terms and conditions of the Insurance Policy. 3 4) Tribunal framed the issues and decided the same in favour of the appellant/ claimant. 5) Issue No.2 was framed by the learned Tribunal as to whether the appellant/claimant has suffered any permanent disablement or not. This issue was found to be not proved. 6) Learned counsel for the appellant/claimant submits that the amount of compensation is on the lower side which requires suitable enhancement. Learned counsel for respondents submits just compensation has been awarded. 7) From perusal of record evidence, it appears that no disability certificate was placed on record, no doctor was examined. Only a bald statement was made by the appellant/ claimant that he sustained permanent disablement. 8) The tribunal has awarded a sum of Rs. 95,958/- towards medical expenses, Rs. 50,000/- towards pain and suffering, Rs. 50,000/- towards special diet, Rs. 50,000/- towards attendant, Rs. 81,000 (for 18 months) towards loss of income and Rs. 45,000/- towards future essential medical surgery. Thus, a total compensation of Rs. 3,71,958/- has been awarded in favor of the appellant/claimant. 9) Considering the facts and circumstances of the case and to make the compensation just additional sum of Rs.30,000/- is awarded. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 30,000/- in addition to what is already awarded by the claims Tribunal. The enhanced amount 4 will carry interest @ 6% from the date of this appeal i.e. 12.06.2019 till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. Sd/- (Sachin Singh Rajput) Judge Arpan