1 2025:CGHC:46013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 587 of 2021 Tilsay S/o Ramprasad, Aged About 20 Years R/o Village Parasia, Police Station Odgi, Tehsil Odgi, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh ... Appellant versus 1 - Shivbhajan Rajwade S/o Ramdular Aged About 22 Years R/o Village Odgi (Bajarpara), Presently R/o Village Dudadho, Bhakura, Police Station And Tehsil Odgi, District Surajpur Chhattisgarh (Driver). 2 - Shri Ram Kumar Kuswaha S/o Late Shivnarayan Kuswaha Aged About 25 Years R/o R/o Village Parri, Post Office, Police Station And Tehsil Surajpur District Surajpur Chhattisgarh (Owner). ... Respondents For Appellants : Mr. Pavas Sharma, Advocate holding brief of Mr. Shakti Raj Sinha, Advocate For Res. No. 1 : Ms. Gunja Taram, Advocate holding brief of Mr. Anil Gulati, Advocate For Res. No. 2 : Mr. Gyan Prakash Shukla, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 09/09/2025 1. The appellant/claimant has filed this appeal aggrieved by the award dated 09.04.2021 passed by the learned Additional Motor Accident 2 Claims Tribunal District- Surajpur (C.G) in Claim Case No. 34 of 2019 whereby, against a claim of Rs. 10,00,000/- claimed by claimants, the learned Tribunal has awarded compensation of Rs. 1,12,000/- in favour of the injured/claimant, who met with an road accident that occurred on 12.03.2018 by rash and negligent driving of the offending vehicle i.e. Motorcycle bearing registration No. CG15-C/2922 by respondent No. 1/driver, owned by respondent No. 2. 2. An application under Section 166 of the MV Act was filed by the claimant/appellant pleading inter alia that due to the said accident, appellant/claimant sustained severe injuries, earlier he was taken into to Primary Health Centre, Bhaiyathan, thereafter, referred to Ambikapur Hospital and thereafter, he referred to Narayana Hospital, Raipur where he remained in the hospital for few days. It is further pleaded that appellant/claimant used to earn Rs.12,000/- per month by working as Clerk in the Brick Kiln. 3. The respondent No. 1 remained ex-parte before the learned Claims Tribunal and has not filed any written statement. 4. The claim application was resisted by the respondent No. 2 on various ground and denied the averments made in the claim application and pleaded that at the time of the accident he was not the registered owner of the offending vehicle as he sold the said vehicle to the respondent No. 1 on 05.05.2016. therefore, he is not liable to pay compensation to the appellant/claimant. 5. The learned Tribunal framed issues on the basis of the above broad pleadings made hereinabove and decided the same in favour of the 3 claimant and awarded the above-stated compensation. 6. Learned counsel for the appellant/claimant vehemently argued that amount of compensation awarded by the Claims Tribunal appears to be on lower side, which deserves to be enhanced suitably. 7. Learned counsel for respondents/driver and Owner of the offending vehicle supports the award and submits that just & proper compensation has been awarded to the claimant in the facts & circumstances of the case. 8. Heard the learned counsel for the parties, considered their rival submissions and perused the record. 9. The learned Tribunal has awarded the compensation in the following manner:- loss of income - Rs. 18,000/-(for three months @6,000/-pm); mental and physical agony Rs.7.000/- and after including the medical expenses, nutritional diet, convenience total awarded compensation of Rs. 1,12,000/- alongwith interest. 10. Having thus considered the rival submission and also after perusing the record, it appears that the compensation requires to be enhanced and this Court after assessing the evidence on record, looking to the injuries, ends of justice would be served by awarding 50,000/- in addition to the award already awarded would make the compensation just and proper. Therefore, the appeal is partly allowed and it is directed the respondents shall pay the amount of Rs. 50,000/- over & above the amount of compensation awarded by the Claims Tribunal. The said amount shall carry interest @8 % per 4 annum from the date of appeal i.e. 27.09.2021 to be deposited within a period of 60 days. 11. Accordingly, the appeal is allowed in part. Sd/- Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.24 18:54:33 +0530