Page No.1 of 4 IN MAC-1333-2022 2025:CGHC:40864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1333 of 2022 [Arising out of award dated 12.10.2022, passed in Claim Case No.159 of 2021 (Ram Kumar Rajwade vs. The Oriental Insurance Company Limited and others) by the 3rd Addl. Motor Accident Claims Tribunal, Surajpur (CG)] Ram Kumar Rajwade S/o Tilakdhari Aged About 48 Years R/o Village Harratikra, Police Station- Jainagar, Tahsil And District- Surajpur .............Claimant, District : Surajpur, Chhattisgarh ... Appellant/ Claimant Versus 1 - The Oriental Insurance Company Limited Through Its Branch Manager, The Oriental Insurance Company Limited Manendragarh Road, Near Ambedkar Chowk, Ambikapur Police Station And Tahsil Ambikapur .............Insurance Company., District : Surguja (Ambikapur), Chhattisgarh 2 - Ashok Prasad Soni S/o Ram Avatar Soni Aged About 48 Years R/o Nagar Mayapur Ambikapur Police Station And Tahsil- Ambikapur .............Owner, District : Surguja (Ambikapur), Chhattisgarh 3 - Devendra Kumar Singh S/o Subhash Chandra Kanwar Aged About 32 Years R/o Nagar Ambikapur, Bauripara Mahadev Gali, Police Station And Tahsil- Ambikapur .........Driver, District : Surguja (Ambikapur), Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Gayan Prakash Shukla, Advocate For Respondent : Mr. Deepak Gupta, Advocates ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-1333-2022 13.08.2025 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 12.10.2022, passed in Claim Case No.159 of 2021 (Ram Kumar Rajwade vs. The Oriental Insurance Company Limited and others) by the 3rd Addl. Motor Accident Claims Tribunal, Surajpur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.7,77,083/- as compensation alongwith interest @ 6% PA from the date of claim, for the injuries sustained by the appellant in the accident occurred on 26.02.2021. 2. 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. In the present case, the appellant remained hospitalized for 38 days and has suffered injury of compound fracture of both legs, however, the learned tribunal has only awarded compensation to the tune of Rs.50,000/- towards future medical expenses and Rs.1,00,000/- towards pain and suffering, which is not just and proper. Therefore, the instant appeal be allowed and the compensation under the heads of future medical expenses and pain and suffering awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the Tribunal is justified in assessing the compensation awarded to the appellant. The Page No.3 of 4 IN MAC-1333-2022 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 rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, learned Claims Tribunal after appreciating the oral and documentary evidence available on record, proceeded to award total compensation of Rs.7,77,083/- to the appellant herein, in which, Rs.3,68,583/- has been awarded towards Medical Expenses; Rs.64,500/- towards transportation; Rs.10,000/- towards diet and nourishing; Rs.84,000/- towards attendant for 1 year; however, under the head of future medical treatment expense and damages towards pain, suffering, trauma as a consequence of injuries, Rs.50,000/- and Rs.1,00,000/- has been awarded respectively, which under the peculiar facts and circumstances of the present case, where the appellant suffered compound facture injury of both legs and he remained hospitalized for 38 days, is not just and proper. Therefore, under the heads of future medical treatment expense and pain and suffering, the appellant is held entitled for an additional amount of Rs.25,000/- on each head (i.e. total Rs.50,000/-). 6. Consequently, the amount of compensation of Rs.7,77,083/- awarded by the Claims Tribunal is enhanced to Rs.8,27,083/-. Hence, after deducting the amount of Rs.7,77,083/-, the appellant is held Page No.4 of 4 IN MAC-1333-2022 entitled for an additional amount of Rs.50,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days 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. 08.10.2021 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