Page No.1 of 4 IN MAC-1758-2023 2025:CGHC:45914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1758 of 2023 [Arising out of award dated 29.08.2023, passed in Claim Case No.70/2022 (Keshar Bai v. Ashish Rai and another) by the Motor Accident Claim Tribunal, Kanker, District North Bastar (CG)] Keshar Bai W/o Khuman Singh Adil Aged About 47 Years R/o Chinori, P.S. Charama, District North Bastar Kanker (C.G.) (Claimant) ... Appellants/ Claimants Versus 1 - Ashish Rai S/o Abhiram Rai Aged About 24 Years R/o House No. 39, Badepara Kongera Vishrampuri, P.S. Vishrampuri, District Kondagaon (C.G.) (Owner/ Driver) (Non-Claimant) 2 - Branch Manager Bajaj Allianz General Insurance Co. Ltd., Branch Office At Bajaj Allies House Airport Road, Wardha Pune (M.H.) (Insurance Co.) (Non-Claimant) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. K.K. Baharani, Advocate For Respondent No.1 : None though served. For Respondent No.2 : Ms. Khushboo Dua, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 09.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-1758-2023 seeking enhancement of amount of compensation, challenging the impugned award dated 29.08.2023, passed in Claim Case No.70/2022 (Keshar Bai v. Ashish Rai and another) by the Motor Accident Claim Tribunal, Kanker, District North Bastar (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.59,464/- as compensation for the injuries received by her in an accident took place on 20.12.2020. 2. Learned counsel appearing for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation to the appellant herein, as she is a lady aged about 50 years at present and has received grievous injuries in the accident occurred on 20.12.2020 due to rash and negligent driving of motor- cycle owned and driven by the respondent No.01 herein. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellant have failed to prove his nature of occupation and income by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of deceased on notional basis. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. Therefore, the present appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their Page No.3 of 4 IN MAC-1758-2023 rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, according to the findings recorded by the learned Claims Tribunal, on the date of accident while the appellant/claimant was going alongwith her husband at Village Dupchera and near Awri Chowk, Machandur, the driver of the offending vehicle i.e. respondent No.01 drove the same rash and negligently and dashed the vehicle, in which the appellant was sitting as a pillion rider and, due to which, the appellant fell down and suffered severe injuries on various parts of her body, for which, the learned Claims Tribunal has awarded Rs.59,464/- as compensation to the appellant. However, looking to the injuries sustained by the appellant, who is a lady aged about 50 years at present, and further considering the evidence available on record, this Court deem it appropriate to enhance the amount of compensation awarded to the appellant to he extent of Rs.1,00,000/-. 6. Accordingly, the amount of compensation of Rs.59,464/- awarded by the Claims Tribunal is enhanced to Rs.1,00,000/-. Hence, after deducting the amount of Rs.59,464/-, the appellant is held entitled for an additional amount of Rs.40,536/-. The concerned respondent 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 Page No.4 of 4 IN MAC-1758-2023 shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 19.07.2022 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 s@if