1 2025:CGHC:14108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 312 of 2017  Devvrat Sahu, S/o Hirau Ram Sahu, Aged About 50 Years, R/o Village Gujra, Tahsil Kurud, District Dhamtari, Chhattisgarh. ... Appellant versus 1. Nilesh Tiwari, S/o Late Surendra Tiwari, Aged About 22 Years, R/o Darrighat, Police Station Masturi, Tahsil- Masturi, District- Bilaspur, Chhattisgarh 2. Sudhakar Tiwari, S/o Basant Tiwari, R/o House No. 241/69- 70, Tilak Nagar, Behind Congress Bhawan, Bilaspur, District- Bilaspur, Chhattisgarh 3. Branch Manager, United India Insurance Co. Ltd., Mobin Mahal, Jail Raod, Raipur, District- Raipur, Chhattisgarh, ... Respondents For Appellant : Mr. Kunal Das, Advocate. For Res. Nos. 1& 2 : None. For Respondent(s) : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate Hon'ble Smt. Justice Rajani Dubey Judgment On Board 2 24/03/2025 1. This appeal filed by the claimant/appellant arises out of the award dated 04.01.2017 passed by Motor Accident Claims Tribunal (for short the “Tribunal”) Dhamtari, in Claim Case No.165/2014 whereby in an injury case compensation of Rs.18,260/- has been awarded to the claimant/appellant herein. 2. Facts of the case, in brief are that on 23.03.2014 the claimant was coming on his bullock-cart from village Bhothali to Gujra Limtara by his side. When his bullock-cart reached near railway crossing, the offending vehicle i.e. Car being registration No. CG-10-P-4080 being driven by respondent No.1 herein rashly and negligently, came from behind and dashed the bullock-cart of claimant/appellant, as a result of which, he suffered injury on his head, both hands and knees & his buffaloes were also sustained injuries and his bullock-cart was also completely damaged. The information of the incident was given to the police station by eye-witnesses on the basis of which Crime No.103/2014 was registered against the respondent No.1. Immediately after the incident, the appellant/claimant was hospitalized in Govt. Hospital, Dhamtari where he remained hospitalized for 08 days. A claim case was filed by the claimant/appellant 3 claiming compensation to the tune of Rs.11,55,000/- under various heads, inter alia, pleading that after the accident, he was taken to Govt. Hospital, Dhamtari, where he remained hospitalized for 08 days. It has been further pleaded that due to the said accident, he became disable and unable to perform his day to day work and there is gross downfall in his income. It has been also pleaded that due to the said accident, the claimant has 40-50 percent permanent disability for life. 3. Pleadings of the claimant has, however, been denied by the respondent/insurance company. 4. The Claims Tribunal by the impugned award has awarded a compensation of Rs.18,260/- to the appellant under various head such damage of bullock-cart, death of buffalo, treatment of injured buffalo, loss of work, pain & suffering, expenses incurred in the treatment, loss of income, conveyance, attendant and diet. It is this award which has been challenged by the appellant in this appeal. 5. Counsel for the appellant submits that the Claims Tribunal has erred in law in awarding very negligible compensation for the injuries sustained by the claimant. No amount has been granted under the head “future treatment”. Placing reliance in the matter of New India Assurance Company ltd. Vs. Kalappa Channappa hanchimani And Anr. reported in 3 4 (2005) ACC 104, learned counsel submits that the sum awarded under the head death of buffalo, damage of bullock-cart and injury to another bullock is also on the lower side. The amount awarded under conventional heads is also quite inadequate. Therefore, the compensation may be enhanced suitably. 6. On the other hand, counsel for the respondent No.3- Insurance Company supports the award impugned. 7. Heard counsel for the parties and perused the material available on record. 8. Considering the fact that the claimant/appellant on the date of accident aged around 50 years, suffered injuries in the accident, his bullock-cart was damaged, one buffalo was died and another buffalo suffered injury in the accident, it is apparent that the claimant would have suffered much pain and agony. 9. Thus, keeping in view all the above things and in view of judgment in Kalappa (supra), this Court is of the view that the amount awarded by the Claims Tribunal is on lower side and requires reconsideration. Considering the facts and circumstances of the case and overall evidence and material available on record, the claimant is entitle to received additional compensation of Rs.15,000/- under the 5 head damaged of bullock-cart, death of one buffalo and injury to another buffao over and above the compensation awarded by the learned Claims Tribunal. This additional amount of compensation shall carry interest @ 6% p.a. from the date of filing of claim application till realization. 10. In the result, the appeal is allowed in part and the award impugned stands modified to the extent indicated above. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE