1 2025:CGHC:34701 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1143 of 2019 1 - Vikas Sultania S/o Shri Naresh Sultania Aged About 39 Years R/o Gali No. 09, Shesh Colony, Vinoba Nagar, Police Station Tarbahar Bilaspur, Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Brijbhushan Vaishnav S/o Baldaau Vaishnav Aged About 52 Years R/o Maaro, Chowki, Maaro, Police Station Nandghat, Tehsil Maro, District Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 2 - Omprakash Ghritlahare S/o Aajuram Ghritlahare Aged About 39 Years R/o Sonikapara Maro, Chowki- Maarao, Police Station Nanadghat, Tehsil Maro,district Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh 3 - Tata A. I.G. General Insurance Company Ltd. Through Branch Manager, Branch Office, First Floor, Rajiv Plaza, Tahsil And District Bilaspur Chhattisgarh.(Insurer) ... Respondents For Appellant : Mr. Akhilesh Mishra, Advocate For Respondent No. 3 : Mr. Sourabh Sharma, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 21/07/2025 1. This appeal is filed by the appellant/claimant seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 27.03.2019 passed by 2nd Additional Motor Accident SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Claims Tribunal, Bilaspur, District – Bilaspur (C.G.) in Claim Case No. 119/2018. 2. As the appellant/claimant has challenged the quantum of compensation to be less, this Court is not going to the facts of the case as pleaded in the claim application and adverted by the Learned Claims Tribunal in the impugned award. 3. Learned counsel for the appellant would submit that in the motor accidental injuries, the appellant suffered grievous injury over his person. He took treatment from Apollo Hospital, Bilaspur, however, the learned Claims Tribunal has awarded only Rs. 9,11,777/- towards the medical expenses, Rs. 50,000/- towards the mental pain and agony and Rs. 20,000/- towards special diet. Learned Claims Tribunal has not awarded any amount towards loss of income during the laid down period and the amount of compensation awarded is also on the lower- side. 4. Learned counsel for the Respondent No. 3/Insurance company would submit that the learned Claims Tribunal upon appreciation of the documentary and oral evidence had awarded just and proper compensation which does not call for any interference. The claimants/appellants did not suffer any fracture injury or any grievous injury over his person, but for the simple injury. After accident, though, he was taken to Apollo Hospitals, Bilaspur, however, after primary treatment, he was discharged on same day from the hospital i.e. on 02.11.2017. Hence, the amount of compensation awarded does not call for any interference. 5. I have heard learned counsel for the parties and perused the record of the claim case. 3 6. The motor-accidental injuries suffered by the appellant/claimant is not in dispute. The claimant has filed the inpatient bill along with the claim application as Ex. P/6 in which, the date of admission is mentioned as 02.11.2017 and the date of discharge is also mentioned as 03.11.2017 i.e. within 01 day of the admission, he was discharged from the hospital. 7. The claimant thereafter took treatment from Bombay Hospital and Medical Research Centre, Mumbai from 03.11.2017 to 11.11.2017. Bill of Bombay Hospital is filed as Ex. P/15 of Rs. 8,43,437/-. Claimant also filed Invoice bill of Air Resource World Wide Private Ltd. of Rs. 6,50,000/- towards Air Ambulance vide Ex. P/27. 8. The other medical prescription of Aashirwad Nursing Home is of 03.11.2017 that is of the next day and further, from the medical prescription, it is appearing that he attended the hospital for follow-up checkup in 01.12.2017. 9. Learned Claims Tribunal on appreciation of evidence awarded Rs. 9,11,776.50/- towards the medical expenses, Rs. 6,50,000/- towards air transport expenses, Rs. 50,000/- towards pains and sufferings, Rs. 3,20,376/- towards loss of income for two months, Rs. 50,000/- towards physical loss and Rs. 20,000/- towards special diet and accordingly, awarded total compensation of Rs. 20,02,153/-. 10.Claims Tribunal has not awarded compensation towards conveyance expenses which might have incurred in Mumbai during the period of treatment of about 08 days and therefore, I find it appropriate to award Rs. 15,000/- towards conveyance expenses. Compensation towards attendant is not awarded for which, I find it appropriate to award Rs. 15,000/-. 4 11.For the foregoing reason, this Court proposes to recalculate the amount of compensation payable to the appellants. S. No. Heads Compensation 1. Amount of compensation awarded : Rs. 20,02,153/- 2. Conveyance Expenses : (+) Rs. 15,000/- 3. Attendant : (+) Rs. 15,000/- Total Compensation : Rs. 20,32,153/- 12. Now, the Appellants/Claimants is awarded total compensation of Rs. 20,32,153/-. This enhanced amount of compensation shall carry interest @ 8% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 13. Certified copy as per rules. Sd/-d/--/-/--------/--/- (Parth Prateem Sahu) Judge Dey