1 2025:CGHC:43361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 81 of 2022 Plasidiyus Ekka S/o Karlus Ekka Aged About 50 Years Occupation Mason, R/o Village Gangapur Khurd, Police Station Gandhinagar, Tahsil Ambikapur, District Surguja Chhattisgarh. ... Appellant/Claimant versus 1 - Arjun Singh S/o Late Shri Shyam Bihari Singh Aged About 37 Years Occupation Driver R/o Village Kamalpur, Police Station Raghunath Nagar, Balrampur Ramanujganj Chhattisgarh, Presently R/o Village Roundi, Police Station Mada, District Singrolli (M.P.), Through Chhabda Bus Service, Naya Bus Stand, Ambikapur, District Surguja Chhattisgarh. (Driver Of Vehicle). 2 - M/s Chhabda Bus Service S/d/w Na R/o Naya Bus Stand, Ambikapur, District Surguja Chhattisgarh. (Owner Of Vehicle). 3 - United India Insurance Company Limited Through Branch Manager, Branch Near Bramha Road, Kumkum Hotel, Ambikapur, Tahsil Ambikapur, District Surguja Chhattisgarh. (Insurer) ... Respondent(s) For Appellant : Ms. Seema Mishra on behalf of Mr. Jitendra Srivastava, Advocates For Respondent No. 3 : Mr. Anupam Dubey, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.28 17:24:49 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 25.08.2025 1. The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter, “the Act of 1988”) seeking enhancement of compensation, challenging the impugned award dated 06/12/2021 passed by learned Motor Accident Claims Tribunal, Sarguja, (Ambikapur) (C.G.) in Claim Case No. 27/2020 whereby compensation to the tune of Rs. 1,19,000/- has been awarded in his favour for the injuries suffered by him. 2. Brief facts relevant for the disposal of this appeal are that on 10/09/2019 at about 9 AM, the appellant was going from his house to buy milk when near Khist Milan Chowk, Bus Stand Road, a bus bearing Registration No. CG 15/DN 9679, which was being driven by respondent No. 1 herein in a rash and negligent manner, ran him over and caused the accident due to which appellant suffered fracture in his leg and suffered injuries in other parts of his body. He was admitted to Firdousi Hospital, Kharsiya Chowk, Ambikapur from 10/09/2019 to 12/09/2019 for primary treatment and thereafter, he underwent treatment in Medical College, Ambikapur from 12/09/2019 to 29/10/2019. 3 3. Learned Claims Tribunal, after appreciation of oral and documentary evidence on record, held that on account of rash and negligent driving of respondent No. 1 herein, the accident occurred in which appellant suffered injuries and further holding that the offending vehicle was being plied in terms of the Insurance Policy, proceeded to award compensation of Rs. 1,19,000/- along with interest of 7% per annum in favour of the appellant and fastened the liability of payment of compensation upon respondent No. 3 herein (Insurance Company). 4. Learned counsel for the appellant would submit that the Claims Tribunal has erred in granting less amount of compensation in the facts of the present case. The appellant suffered 40% temporary disability on account of fracture of tibia and fibula bone of his left leg, as such, the Claims Tribunal ought to have granted just and proper compensation, which has not been granted. 5. Learned counsel for respondent No. 3 would support the impugned award and submit that the Claims Tribunal has rightly awarded the amount of compensation and it requires no interference from this Court, as such, the instant appeal is liable to be dismissed. 4 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 7. Having heard learned counsel for the parties and having perused the record, the Claims Tribunal has granted Rs. 73,000/- as medical expenses incurred by the appellant, Rs. 21,000/- under loss of earning, Rs. 9,000/- under attendant’s fee, Rs. 10,000/- under pain and agony, Rs. 5,000/- under food and nutrition and Rs. 1,000/- under conveyance, thereby, a total of Rs. 1,19,000/- has been granted as compensation to the appellant, however, looking to the injury suffered by him which has caused 40% temporary disability to the appellant and due to which he must not have been able to work at least for three months, in my considered opinion, a compensation of Rs. 81,000/- is further granted in favour of the appellant making total compensation to the tune of Rs. 2,00,000/- to make it just and proper compensation. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 24/01/2020 till its realization. Rest 5 of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet