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2025 DAILYLAW 38909 (CHH)

SMT. BELA BAI PATEL v. SURAJDEEN KENVAT

MAC/1232/2022 · 2025-10-08

Shri Sanjay K Agrawal

body2025

Judgment text

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1 MAC No. 1232 of 2022 2025:CGHC:50396 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1232 of 2022  Smt. Bela Bai Patel W/o Bhiyalal Patel, Aged About 55 Years (now), R/o Village Amarpur, Police Station And Tehsil Pendra District Gaurela Pendra Marwahi, Chhattisgarh (Claimant). ... Appellant versus 1.Surajdeen Kenvat S/o Samaru Kenvat, Aged About 36 Years, R/o Village Sadaltola Adbhar, Police Station Rajhara and Tehsil Pendra, District Gaurela Pendra Marwahi, Chhattisgarh (Driver /owner Of The Auto No C.G.10 AP 3351). 2.The New India Insurance Company Limited, Through Branch Office, Vardhman Complex Raipur Road Parsada Sirgitti Bilaspur, District Bilaspur Chhattisgarh (Insurance Company Of Auto No. C G 10 AP 3351). ... Respondents For Appellant :- Mr. Amit Nayak, Advocate, on behalf of Avinash Chand Sahu, Advocate. For Respondent No.2 :- Mr. Anil Gulati, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.14 10:52:22 +0530 2 MAC No. 1232 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.10.2025 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 29.07.2022 passed by the Additional Motor Accident Claims Tribunal, Pendra Road, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 23/2019, whereby learned Claims Tribunal has awarded a sum of ₹83,621/- as compensation along with interest. 2.Mr. Amit Nayak, counsel for the appellant, would submit that the compensation amount awarded by the Claims Tribunal is liable to be enhanced on account of fracture on right hand and injuries suffered on the other parts of the body. He would also submit that compensation amount awarded by the Claims Tribunal is on lower side and the lump sum amount is liable 3 MAC No. 1232 of 2022 to be enhance to make the compensation just and proper. 3.Mr. Anil Gulati, learned counsel for the Insurance Company/respondent No.2 herein, would submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4.I have heard learned counsel for the parties, considered the submissions made herein above and gone through the records precisely. 5.Taking into consideration the injuries suffered by the claimant and the evidence available on record, I am of the considered opinion to enhance 50,000/-, in the compensation amount ₹ awarded by the Claims Tribunal to make it just and proper, meaning thereby the total compensation amount would be 1,33,621/- ₹ ( 83,621 + 50,000) ₹ . However, the other direction contained in the impugned award shall remain as it is and the same is applicable on the amount enhanced by this Court. 4 MAC No. 1232 of 2022 6.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