1 2025:CGHC:39811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1142 of 2019 1 - Rashmi Sultania S/o Shri Vikash Sultania Aged About 39 Years R/o Gali No. 09 Shesh Colony, Vinoba Nagar, Police Station Tarbahar Bilaspur, Tehsil And District Bilaspur Chhattisgarh., --- Appellant versus 1 - Brijbhushan Vaishnav S/o Baldau Das Vaishnav Aged About 52 Years R/o Maaro, Chowki Maaro, Police Station Nandghat, Tehsil Maro, Distriict Bemetara Chhattisgarh,. 2 - Omprakash Ghritlahare S/o Aajuram Ghritlahare Aged About 39 Years R/o Sonikapara, Maro, Chwoki Maaro, Police Station Nandghat, Tehsil Maro District Bemetara Chhattisgarh. 3 - Tata A.I. G. General Insurance Company Ltd Through Branch Manager, Branch Office, First Floor, Rajiv Plaza, Tehsil And District Bilaspur, Chhattisgarh.(Insurer). --- Respondent(s) For Appellant : Mr. Akhilesh Mishra, Advocate For Respondent No.3 : Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Parth Prateem Sahu Order On Board 08/08/2025 1. Claimant/appellant has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act of 1988’) seeking enhancement of compensation awarded by the learned 2nd Additional Motor Accident Claims Tribunal, Bilaspur, District – Bilaspur (for short ‘the Claims Tribunal’) vide award dated 27.03.2019 passed in Claim Case No. 120/2018 thereby allowing application in part and awarding Rs.27,595/- as compensation in an injury case. BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2025.08.29 10:41:11 +0530 2 2. Fact that the accident was caused by the offending vehicle, which was insured by Non-Applicant No. 3, resulting into the injuries suffered by appellant/claimant, due to the rash and negligent driving of Non- Applicant No. 1, is not in dispute. Liability to indemnify insured upon Non-Applicant No. 3 is also undisputed. Therefore, this Court is not entering into the factual aspects of the case and is only considering the submission made by learned counsel for the parties on enhancement of amount of compensation. 3. Learned counsel for appellant submits that learned Claims Tribunal erred in awarding meager amount of compensation in the facts of the case. It is contended that though learned Claims Tribunal arrived at a conclusion that appellant suffered motor accidental injuries, she took treatment from Apollo Hospital, Bilaspur as inpatient for a day, however, only the medical expenses has been awarded apart from the meager amount towards pain and suffering and special diet. Therefore, the compensation be enhanced suitably. 4. Learned counsel for respondent No.3 opposes the submission of learned counsel for appellant and would submit that learned Claims Tribunal, clearly recorded that appellant did not suffer any grievous injuries over her person. She took treatment only for about two hours and thereafter, she was discharged. Medical bills have been awarded in its entirety apart from the other heads like pain and suffering and special diet. Compensation as awarded by learned Claims Tribunal is just and proper, which does not call for any interference. 5. I have heard learned counsel for parties and perused the record of the claim case. 3 6. Claimant has not submitted any documents to show the nature of injuries, which she suffered in motor accident. From prescription of doctor filed and available in record would only show that due to the injuries suffered by her, she took treatment initially at Apollo Hospital, Bilaspur and thereafter took treatment from Dr. Hemant Chatterjee. She was not treated as inpatient in any hospital. 7. Considering the fact that appellant suffered motor accidental injuries on 02.11.2017 and thereafter, took treatment from Dr. Hemant Chatterjee on 03.11.2017, 10.11.2017, 01.12.2017, I find it appropriate to enhance the amount of compensation awarded under the head of pain and suffering from Rs.10,000/- to Rs.15,000/-. It is ordered accordingly. The compensation awarded under other heads appears to be just and proper, which does not call for any interference. 8. Accordingly, the appeal is allowed in part. Now claimant -appellant shall be entitled for Rs.5,000/- in addition to compensation awarded by the Claims Tribunal which makes the total compensation of Rs.32,595.71/- (Rs.27,595.71 + 5,000). The enhanced amount of compensation shall carry simple interest @ 8% p.a. from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. Any amount already paid to claimant-appellant as compensation shall be adjusted from the total amount of compensation as calculated above. Sd/- (Parth Prateem Sahu) Judge Balram