1 2025:CGHC:18612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1337 of 2019 1 - Pawan S/o Shivkumar Aged About 23 Years R/o Maharshi Vidya Mandir Road Mangla, Police Station - Civil Line Tahsil and District ( Revenue and Civil ) Bilaspur, Chhattisgarh ... Appellant 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 ). 2 - Branch Manager Shri Ram General Insurance Comapny 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 ), ... Respondents For Appellants : Mr. Anand Kesharwani, Advocate For Respondent No. 1 : Mr. Kalpesh Ruparel, Advocate For Respondent No. 2 : None (Hon’ble Shri Justice Sanjay Kumar Jaiswal) A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 Judgment on Board 24/04/2025 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed challenging the award dated 31.01.2019 passed by the learned Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh, in Claim Case No. MACT No.574 of 2016. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, on 05.06.2016 the appellant was going towards Bilaspur on his Motorcycle and when he reached near village Pondi, respondent no.1 the driver of offending vehicle i.e., Auto Rickshaw No. CG 10-T/3935 hit the motorcycle of appellant from behind, due to which, the appellant suffered fracture in his right leg and was admitted to CIMS Hospital, Bilaspur. The appellant filed claim application seeking a total compensation of Rs.13,10,000/- on various heads for the loss caused to him. 3. The learned claims Tribunal on appraisal of the evidence documents placed on record, granted a total compensation of Rs.61,869/- with interest @ 8% per annum from the date of filing of claim application till its realisation. Since the offending vehicle is proved to be insured, the tribunal has fastened the primary responsibility on the Insurance Company to pay the compensation amount and then recover it from vehicle owner. 4. The submission of learned counsel for the appellant is that the compensation awarded by the Tribunal is on the lower side as no amounts have been granted on loss of income during treatment and future medical expenses, therefore, he prays that the amount under award may suitably be enhanced. 5. Learned counsel for respondent no. 1 supports the award and submits 3 that the Tribunal has granted just compensation which needs no interference. 6. Heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. Now this Court shall examine as to whether the compensation of awarded by the tribunal is just and proper compensation in the given facts and circumstances of the case. 8. On close scrutiny of facts and evidence the Tribunal has found that the appellant suffered grievous injury in the accident. Considering the documents placed on record vide Ex.A-42 to A-108 for the medical expenses incurred by him, the Tribunal has rightly granted Rs.41,869/- towards treatment expenses. The Tribunal has further granted Rs.10,000/- for keeping an attendant during treatment, transport charges and nutritious food and Rs.10,000/- for pain and suffering which are found sufficient. However, it appears that the Tribunal has not granted any sum towards loss of income during treatment and future medical expenses. Therefore, looking to the nature of injuries suffered by the appellant and he was admitted in Hospital for about 10 days, this Court is inclined to further grant Rs.10,000/- for loss of income during treatment and Rs.10,000/- for future medical expenses. Thus this Court is recomputing the compensation as follows : 1. Treatment expenses as granted by the Tribunal Rs.41,869/- 2. Expenses for keeping an attendant during treatment period, transport charges, nutritious food etc., as granted by the Tribunal. Rs.10,000/- 3. For Physical and Mental pain as granted by the Tribunal Rs.10,000/- 4. Loss of income during treatment Rs.10,000/- 5. Future medical expenses Rs.10,000/- Total Rs. Rs.81,869/- 4 9. Hence the total compensation is calculated to Rs.81,869/-. from which after deduction of Rs. 61,869/- as awarded by the Tribunal, the enhancement would be Rs.20,000/-. The claimants are entitled for enhanced amount of Rs. 20,000/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of enhancement of the award till its realisation. 10. In the result, the appeal is partly allowed. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 11. The Registry is further directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the amount awarded by the Tribunal. The said communication be made in Hindi Deonagri language and the help of para-legal workers may be availed with the co-ordination of Secretary, Legal Aid of the concerned area where the claimants reside. Sd/- Sanjay Kumar Jaiswal Judge Rao