1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1452 of 2018 1 - Mohammad Aqueeb S/o Abdul Jameel Aged About 19 Years R/o Moudhapara, Raipur, Tahsil- Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant(s) versus 1 - Yogesh Kumar Sahu S/o Jai Kumar Sahu Aged About 22 Years Occupation- Bus Driver, R/o Village-Musuadih, Police Station-Saja, District- Durg, Chhattisgarh......(Non-Application No.1), District : Durg, Chhattisgarh. 2 - Smt. Sakuntala Dutt W/o Iswar Dutt R/o M.I.G. 218, Sector 2, Dindayal Upadhyay Nagar, Raipur, Chhattisgarh........(Non-Application No.2), District : Raipur, Chhattisgarh. 3 - New India Insurance Company Ltd. Through Divisional Manager, Divisional Office, No. 1 Kachhari Chowk Jail Road, Raipur, Chhattisgarh.......(Non-Application No.3), District : Raipur, Chhattisgarh Digitally signed by RAGHVENDRA JAT 2 ... Respondent(s) For Appellant(s) : Mr. Rajkumar Pali, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Mr. Aazad Siddiqui, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 11/07/2025 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the award dated 14.09.2010 passed by the learned 2nd Additional Motor Accident Claims Tribunal, Raipur District – Raipur (C.G.), in Claim Case No. 03/2010 whereby compensation of Rs. 17,000/- with interest @ 6% per annum, in favour of the appellant/claimant has been awarded. 2. Brief facts of the case, is that, on 28.07.2009, the appellant/claimant was traveling as a passenger in an auto- rickshaw from Village Dhaneli to Raipur along with other passengers. At about 8:30 A.M., between Village Dhaneli and Raipur, a bus belonging to Non-Applicant No. 1 came from the opposite direction at high speed and collided with the auto- rickshaw, resulting in a serious accident. As a result, the appellant sustained multiple injuries, including a fracture in the 3 left leg, injuries below the knee in the right leg, a fractured rib, and severe internal injuries to the lungs and liver. One co- passenger died in the said accident and several others were seriously injured. A report regarding the incident was initially made at Khamtarai, Raipur, and the appellant was hospitalized at Ambedkar Hospital for about 16 days before being referred to Ramkrishna Hospital, Raipur. The matter was also reported to Police Station Gohparu, District Shahdol, where a case has been registered against respondent No. 1 under Sections 279, 337, and 304-A of the IPC as Crime No. 309/2019. Thereafter appellant subsequently has filed a claim case seeking compensation to the tune of Rs. 17,50,000/-. Respondents No. 1, 2 and 3 have filed their written statements during the trial and denied the claim of the appellant. The Learned Claims Tribunal has framed issues based on the claim application and the written statements, and after hearing the arguments passed an award on 14.09.2010 partly allowing the claim and awarding Rs. 17,000/- and while rejecting the remaining amount. Hence, this appeal. 3. In the award passed by the Tribunal, the tribunal has awarded a total compensation of Rs. 17,000/- has been awarded in favor of the appellant. 4. Learned counsel for the appellant submits that the claims Tribunal has awarded a sum of Rs. 17,000/- which is not in 4 accordance with law and the same is required to be enhanced in accordance with law. He further submits that the awarded compensation by the Tribunal is on the lower side. Therefore, the compensation amount may be enhanced suitably. Hence, this appeal may be allowed and awarded amount needs to be enhanced suitably. 5. None for respondents No. 1 & 2. 6. On the other hand, learned counsel for respondent No. 3 submits that the learned Tribunal has rightly passed an award allowing the claim application and awarding a sum of Rs. 17,000/- along with interest at the rate of 6% per annum from the date of filing of the claim. However, the appellant/claimant has approached this Hon’ble Court by filing the present appeal seeking enhancement of compensation after an inordinate delay of 2792 days, which was condoned on 29.11.2022. He further submits that since the delay was wholly attributable to the appellant/claimant, the period of such delay ought not to be reckoned for the purpose of awarding interest on any enhanced amount. In view of the authoritative pronouncement of the Hon’ble Supreme Court in Lakkamma & Ors. vs. The Regional Manager, United India Insurance Co. Ltd., reported in (2021) 20 SCC 797. In the said judgment, particularly in paragraphs 1 and 9, the Apex Court has 5 explicitly held that condonation of delay in filing a belated claim would not entitle the claimant to interest for the delayed period, even if enhancement is allowed. Therefore, respondent No. 3 humbly prays that the same principle be applied in the present case and the claimant be denied interest for the period of delay, in the interest of justice and equity. 7. I have heard learned counsel for the parties and perused the material available on record. 8. Considering the facts and circumstances of the case and also considering the fact that a sum of Rs. 50,000/- towards pain and suffering is hereby enhanced and looking to the injury sustained by the claimant and rest of the awarded amount is reasonable and not required to be interfered with. 9. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 50,000/- towards pain and suffering in addition to what is already awarded by the claims Tribunal. The enhanced amount will carry interest @ 6% from the date of enhancement of the award till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. SD/- (Amitendra Kishore Prasad) Raghu Jat Judge