1 MAC No. 120 of 2023 2025:CGHC:48646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 120 of 2023  Durgesh Patel S/o Late Ram Patel, Aged About 33 Years, R/o New Bus Stand Tower Mohalla Pali, District - Korba, Chhattisgarh Present R/o Behind Petrol Pump Vyapar Vihar, Police Station- Tarbahar, Tahsil And District- Bilaspur, Chhattisgarh. ... Appellant versus 1. Shankar Singh Gond S/o Bahadur Singh, Aged About 25 Years, R/o Uslapur, Lord Shankar Mandir Gokane Nala Sakari Road, Police Station and Tahsil - Sakri, District - Bilaspur, Chhattisgarh (Driver of Trailer Bearing No. C.G. 10 A.K. 9027). 2. M/s Sneha Transport Services R/o Near UCO Bank Gaurav Path, Ring Road No.2 Shanti Nagar Bilaspur, Tahsil And District - Bilaspur, Chhattisgarh (Owner Of Trailer Bearing No. C.G. 10 A.K. 9027). 3. United India Insurance Company Limited Through Branch Manager, Branch Office Second Floor Gurukripa Tower, Vyapar Vihar, Infront Of Ambar Automobile Bilaspur, Tahsil And District - Bilaspur, Chhattisgarh (Insurance Company Of Trailer Bearing No. C.G. 10 A.K. 9027). ... Respondents For Appellant :- Mr. Vipin Singh Thakur, Advocate. For Respondent No.3 :- Mr. H.B. Agrawal, Senior Advocate, with Ms. Preeti Yadav, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.24 10:36:53 +0530 2 MAC No. 120 of 2023 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 22.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 06.03.2021 passed by the 8th Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 265/2019, whereby learned Claims Tribunal has awarded a total sum of ₹30,58,758/- as compensation along with interest to the injured claimant/appellant herein. 2. Mr. Vipin Singh Thakur, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal has erred in awarding the les amount under the head of pain and suffering and also erred in not awarding the amount under the heads of attendant charge, transportation, future medical treatment, loss of income during treatment and amenities and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. H.B. Agrawal, learned Senior Advocate for respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the amount of compensation awarded by the Claims 3 MAC No. 120 of 2023 Tribunal is just and proper which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 5. Considering the facts and circumstances of the case and the nature of injury, it would be appropriate to enhance as well as award the amount under the heads of pain & suffer, loss of income during treatment, transportation, attendant charge, loss of amenities and future medical treatment. As such, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of income ₹25,17,480/- ₹25,17,480/- 2. Medical Expenses ₹4,91,278/- ₹4,91,278/- 3. Pain and suffering ₹50,000/- ₹1,00,000/- 4. Loss of income during treatment Nil ₹9,990 x 6 = 59,940/- 5. Transportation Nil ₹ 50,000/- 6. Attendant charge Nil ₹ 50,000/-/- 7. Loss of amenities Nil ₹50,000/- 8. Future medical treatment Nil ₹1,00,000/- Total ₹30,58,758/- ₹ 34,18,698/- 4 MAC No. 120 of 2023 6. In view of the aforesaid analysis, the amount of compensation of ₹30,58,758/- awarded by the Claims Tribunal is enhanced to ₹34,18,698/-. Hence, after deducting the amount of ₹30,58,758/-, the appellant is held to be entitled to an additional amount of ₹3,59,940/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 26.02.2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. 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 Ankit