-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1125 of 2020 1 - Sukalu Ram Yadav S/o Panchuram Aged About 54 Years R/o Village Potiya, Post Medesara, Police Station Nandani Nagar, Tahsil Dhamdha, District Durg, Chhattisgarh. Present Address South Dabara Para, Bhilai 3, Police Station Purani Bhilai, District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - Praveen @ Rahul S/o Ramchandra Kambale Aged About 23 Years R/o Supewada, Police Station Lakhani, District Bhandara (Maharashtra) (Driver Of Offending Vehicle Metadoor M.H.- 40, B.G.-2187), District : Bhandara, Maharashtra 2 - Tekram Mahalle S/o Kishan Ji Mahalle Aged About 39 Years R/o Bhandara Road Kadoli, Tahsil Kamthi, District Nagpur (Maharashtra), (Owner Of Offending Vehicle Metadoor M.H.-40, B.G.-2187), District : Nagpur, Maharashtra 3 - Cholamandalam M.S. General Insurance Company Limited Branch Manager, Office - Second Floor, Sai Ram Tyowers, In Front Of L.I.C. Building, Pandari Raipur, District Raipur, Chhattisgarh (Insurance Company Of Offending Vehicle Metadoor M.H.-40, B.G.- 2187), District : Raipur, Chhattisgarh ... Respondents For appellant/injured : Mr. Praveen Dhurandhar, Advocate For respondents : Mr. Prashant Sahu, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.09.2025 1) Heard. 2) The appellant/injured has filed this appeal for enhancement of compensation against the award passed by the learned Seventh Additional Motor Accident Claims Tribunal, Durg (C.G.) in Claim Case No.289/2018 dated 28.02.2020, whereby, learned Tribunal passed an award to the tune of Rs.4,21,100/- with -2- interest @ 9% per annum. 3) Mr. Dhurandhar, counsel appearing for the appellant/injured would submit that on 21.12.2017 at around 7:45 am, while the appellant along with his daughter were returning from hospital, driver of the offending vehicle bearing registration No.MH40, B.G.2187 by driving it rashly and negligently dashed the appellant and his daughter. Mr. Dhurandhar would further submit that the appellant sustained injuries over right thigh, right leg, fracture of hip bone, fracture of elbow of right hand and shoulder. He would contend that the appellant remained hospitalized for 20 days from 21.12.2017 to 06.01.2018 and at Nandani Nursing Home Ahiwara from 05.02.2018 to 09.02.2018. He would further contend that at the time of accident, age of the appellant was 54 years and he was working as Dozer operator at M/s. Yadav Brothers Construction and was earning Rs.15,653/- per month. 4) Mr. Dhurandhar would submit that the Insurance Company filed its reply. The parties led evidence and learned Tribunal passed an award. Mr. Dhurandhar would contend that though there was disability to the extent of 24% but the learned Tribunal passed award at lower side. He would further contend that on other conventional heads, the learned Tribunal has granted meager amount. He would pray to enhance the compensation. 5) On the other hand, Mr. Sahu, the learned counsel appearing for the Insurance Company would oppose the submissions made by Mr. Dhurandhar. He would submit that the learned Tribunal has granted just and proper compensation and the appeal deserves to be dismissed. 6) I have heard the learned counsel appearing for the parties and perused the record. -3- 7) A perusal of the award passed by the learned Tribunal would reveal that the learned Tribunal has assessed loss of earning 24% placing reliance on disability certificate. 8) Learned Tribunal has assessed the monthly income of the appellant Rs.10,000/- and accordingly, assessed the amount of loss of earning. The learned Tribunal applied the multiplier of 7 considering the age of the appellant 61 years which appears to be proper. 9) The medical bills to the tune of Rs.1,96,500/- were honoured by the learned Tribunal. 10) It appears that the learned Tribunal has awarded meager amount for pain and suffering, special diet, conveyance and attendant to the tune of Rs.10,000/-,3,000/-,5,000/- & 5,000/- respectively. As the learned Tribunal has awarded meager amount on conventional heads, therefore, it would be appropriate to award total sum of Rs.50,000/- to the appellant/claimant against those heads, in addition to the amount already awarded by the learned Tribunal. Thus, Rs.50,000/- shall earn interest @ 9% per annum from the date of filing till its realization. 11) Accordingly, the appeal preferred by the appellant/injured is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge Rekha