1 2025:CGHC:32368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1887 of 2018 1 - Basant Gupta S/o Radhey Lal Sahu Aged About 29 Years R/o Ward No.7 ,maro Police Chouki Maro Tahsil Navagarh District Bemetara Chhattisgarh., District : Bemetara, Chhattisgarh. ... Appellant(s) versus 1 - Raju Sahu S/o Radhey Lal Sahu Aged About 29 Years R/o Near Karhi School Police Chouki Sargaon District Mungeli Chhattisgarh Driver Of The Offending Vehicle Truck No. C.G. 10/c/6828), District : Mungeli, Chhattisgarh. 2 - Ashok Kumar S/o Kamta Prasad Sahu Aged About 42 Years R/o Kharkena Thana -Hirri ,district Bilaspur Chhattisgarh,(Owner Of The Offending Vehicle Truck No. C.G. 10/c/6828), District : Bilaspur, Chhattisgarh. 3 - The New India Insurance Company Limited Divisional Office Rama Tred Center 1st Floor ,old Bus Stand Road Bilaspur Chhattisagarh , (Insurance Of The Offending Vehicle Truck No. C.G. 10/c/6828), District : Bilaspur, Chhattisgarh. ... Respondent(s) For Appellant(s) : Mr. A.L. Singroul, Advocate. For Respondent(s) No. 1 & 2 : None. For Respondent No. 3 : Ms. Pooja Yadav, Advocate on behalf of Digitally signed by RAGHVENDRA JAT 2 Mr. Shivendu Pandya, 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 29.08.2018 passed by the learned Additional Member of the Upper Motor Accident Claims Tribunal, Mungeli, District – Mungeli (C.G.), in MACT No. 49/2016 whereby compensation of Rs. 93,574/- with interest @ 7.5% per annum, in favour of the appellant/claimant has been awarded. 2. Brief facts of the case, is that, on 29.12.2015 at about 7:15 PM, the appellant/claimant was travelling from Putpura to Bilaspur along with his friend Chandrakant when the offending vehicle a truck bearing registration No. CG-10/C/6828, driven rashly and negligently by respondent No.1, hit his motorcycle, causing him to sustain grievous injuries including fractures in the right leg and thigh along with other bodily injuries. He was immediately shifted to Mudara Hospital, Bilaspur, where he remained under treatment but ultimately suffered permanent disability, rendering him unable to perform his earlier occupation. A report of the accident was lodged at Police Chouki Sargaon, District Mungeli, and a charge- sheet was filed against respondent No.1 in Criminal Case No. 3 397/2015 under Sections 279, 337, and 338 of IPC. At the time of the accident, the appellant was aged about 29 years old and is working in the transportation business and earning approximately Rs. 8,000/- per month. He claimed a total compensation of Rs. 9,80,000/- jointly and severally from the driver, owner and insurance company. Respondents No.1 and 2 (driver and owner) have filed their written statement denying the liability and alleging contributory negligence on the part of the injured, but admitted that the vehicle was insured at the time of the accident. Respondent No. 3 i.e. The New India Insurance Company also filed a written statement, asserting breach of insurance policy terms and that the compensation claimed was excessive. The Learned Claims Tribunal vide its award dated 29.08.2018 partly allowed the claim holding that the accident occurred due to the rash and negligent act of respondent No.1 that the appellant sustained grievous injuries, and that no breach of policy was established. The Tribunal has awarded a compensation to the tune of Rs. 93,574/-. The appellant has challenged the award, submitting that the Tribunal’s finding that he sustained only simple injuries is contrary to the medical and documentary evidence on record. 3. In the award passed by the Tribunal, the tribunal has awarded a sum of Rs. 18,000/- towards loss of income during treatment, Rs. 4 66,574/- towards medical bill, Rs. 2,000/- towards attendant, Rs. 2,000/- special diet and Rs. 5,000/- towards pain and suffering. Thus, a total compensation of Rs. 93,574/- has been awarded in favor of the appellant and respondent No. 3 insurance company was held liable to pay the compensation amount to the appellant. 4. Learned counsel for the appellant submits that due to the injury sustained by the appellant proper compensation has not been awarded , however, he could not lay down any specific reason as the treating doctor has not been examined in this case and the income was also not proved as per pleadings of the claimants. The claimant has sustained fracture of his right thigh as well as in the vest of the body and he was admitted in the hospital for a period of about 11 days. Further due to such injuries he could not work for a period of 4 months as such in respect of pain and suffering and special diet the tribunal has granted a meager amount of Rs. 9,000/- as such it is required to be enhanced. 5. None for respondents No. 1 & 2 i.e. driver and owner of the offending vehicle. 6. On the other hand, learned counsel appearing for respondent No.3 submits that the amount of compensation awarded by the learned Claims Tribunal is just and proper and required no interference by this Court. 5 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, only on the ground of pain and suffering and special diet a sum of Rs. 15,000/- is enhanced. Since the liability was fastened upon owner and the insurance company has been directed to pay the some of award and to recover the same from the concerned owner as such insurance company is directed to pay the enhanced amount to the claimants and to recover the same from the concerned owner. 9. Looking to the injuries sustained by the claimant the amount awarded in respect of pain and suffering and special diet is required to be enhanced. 10. In the result, the appeal is partly allowed. The claimant shall be entitled to Rs. 15,000/- towards pain and suffering and special diet 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) Judge Raghu Jat