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2025 DAILYLAW 27260 (CHH)

JANA BAI PATEL v. PURSOTTAM TANDON @ GUNDLA

MAC/1306/2019 · 2025-09-17

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:47974 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1306 of 2019  Jana Bai Patel W/o Gendram Patel Aged About 50 Years R/o - Maharshi Vidya Mandir Road Mangla Police Station - Civil Line, Tahsil And District ( Revenue And Civil ) Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant(s) versus 1. Pursottam Tandon @ Gundla S/o Late Bisahu Lal Tandon Aged About 27 Years R/o - Ganesh Nagar, Chuchheeya Para, Police Station - Sirgitti, Tahsil And District ( Revenue And Civil ) - Bilaspur Chhattisgarh. ( Driver And Owner Of The Auto Rickshaw No. C.G. - 10 - T - 3935), District : Bilaspur, Chhattisgarh 2. Branch Manager Shri Ram General Insurance Company Limited, Branch Office 4th Floor - Maruti Heights G. E. Road, Raipur Chhattisgarh. Branch Manager Shri Ram General Insurance Company Limited Branch Office - E - 08, Rico Industrial Area, Sitapura - Jaipur ( Rajsthan ) - 302022, ( Insurer Of The Auto Rickshaw No. C.G. - 10 - T - 3935), District : Jaipur, Rajasthan ... Respondent(s) For Appellant/claimant/Injured : Mr. Anand Kesharwani, Advocate For Respondent No. 2 : Ms. Santoshi Yadav, Advocate holding the brief of Mr. Utsav Mahiswar, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 18. 09.2025 1. The appellant/claimant has challenged award passed by 6th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 602/2016 dated 31.01.2019, whereby the learned Tribunal has passed an award to the tune of Rs. 27,000/- with interest at the rate of 8% per annum from date of application. 2. The claimant/injured pleaded that in the claim case that on 05.06.2016, when she reached main road of Village Podi, the driver of Auto Rickshaw SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.19 18:54:29 +0530 2 bearing registration number C.G. 10 T 3935 dashed her resultantly, she sustained grievous injuries and remained hospitalized for considerable period. 3. Mr. Anand Kesharwani, Advocate appearing for the appellant would submit that there was fracture of left leg and document in this regard was placed before the learned Tribunal. He would further submit that the learned Tribunal has assessed the compensation to the tune of Rs. 27,000/- only. He would pray to enhance the compensation. 4. On the other hand, Ms. Santoshi Yadav, Advocate would oppose. She would submit that the learned Tribunal has passed just and proper award and this appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. It is an injury case, where there was fracture of left leg of the appellant. The appellant was admitted in Chhattisgarh Institute of Medical Science, which is a Government Hospital. Document Ex. P/8 was issued by the State Hospital which proves the fact that there was fracture. The learned Tribunal considered the medical bills and other relevant claims of the appellant and passed an award to the tune of Rs. 27,000/-. The appellant failed to examine the treating Doctor to prove any disability etc. 7. Considering the facts discussed above, I do not find any good ground to interfere with the award passed by the learned Tribunal. Accordingly, this appeal fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge $iddhant