2025:CGHC:45469 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 1962 of 2025 Magma HDI General Insurance Company Ltd. By Officer In Charge, Office No. 501, 509, 513, 5th Floor, D.B. City Corporate Park, Plot No. 01, Block No. 09, Rajbandha Maidan, Raipur, Dist. - Raipur, C.G. (Insurer Of Erring Vehicle C.G. 04 J.D. 4853) --- Appellant Versus 1. Motiram Nishad, S/o Gangaram Nishad, aged about 36 Years, R/o Shahid Nagar, Ward No. 34, Birgaon, Thana- Urla, Dist. Raipur, C.G.(Claimant No. 1) (Injured) 2. Sonu Verma, S/o Bir Singh Verma, aged about 32 Years, R/o Address No. 1- Gram- Khatayi, Post - Sambhalpur, Thana- Naandghat, Dist. Bemetara, C.G. Address No. 2- By Sunita Devi Rajput, W/o Rajkumar Singh, Durga Nagar, Ward No. 35, Birgaon, Thana- Urla, Dist. - Raipur, C.G. (Driver Of The Vehicle Hyva C.G. 04 J.D. 4853) 3. Sunita Devi Rajput W/o Rajkumar Singh Aged About 35 Years R/o Durga Nagar, Ward No. 35, Birgaon, Thana- Urla, Dist. - Raipur, C.G. (Registered Owner Of The Vehicle Hyva C.G. 04 J.D. 4853) --- Respondents ______________________________________________________________________ For Appellant : Shri Vaibhav Shukla and Ms. Shri Shristi Attal, Advocates. ____________________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 04 /09/2025 1. Heard on admission. 2. This appeal filed under Section 173 of Motor Vehicles Act, 1988 (for short ‘MV Act’) by the appellants/claimants is against the award dated 20/06/2025 passed by Motor Chief Accident Claims Tribunal, Raipur (C.G.) in Claim Case No.1063/2023. 3. As per pleadings of the claim application filed under section 166 of the MV Act, seeking compensation of Rs.41,00,000/-, the learned Tribunal has awarded Rs.01,01,402/- as compensation in favour of the appellants/ claimants on account ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.22 11:39:36 +0530 -2- of injuries sustained by him in an accident that occurred on 16/10/2023, by rash and negligent driving of the offending vehicle Hywa bearing registration No. CG/04/JD- 4853, driven by respondent No.2/driver, owned by the respondent No.2/owner and insured with the appellant/insurance Company. 4. Learned counsels for the appellant / Insurance Company submit the challenge in this appeal is only on the ground that the learned Tribunal has awarded excessive compensation to the respondent No.1/claimant. 5. Heard the learned counsel for the Appellant and also perused the record. 6. The learned Tribunal had awarded the compensation as stated in the first paragraph of the judgment. 7. From the perusal of the award it also appears that the respondent No.1/claimant remained in hospitalization for his treatment from 17/10/2023 to 02/11/2023 and it has also been observed by the learned Tribunal that he is still continuing the treatment in Private and Government Hospitals. The tribunal found that on account of the injuries sustained he must have suffer physical and mental agony. Therefore under these awarded Rs.50,000/- and awarded compensation of Rs.01,01,402/-. From the impugned award it also appears that Dr. Sajan Agrawal (AW-1) has also been examined as a witness and he stated that on 27/10/2023 respondent No.1/claimaint was admitted ain his hospital for injuries sustained in his head, stomach and other parts of the body and remained in hospitalization from 17/10/2023 to 02/11/2023. 8. Considering the relevant facts and circumstances of the case, looking to the amount of Rs.01,01,402/-, it does not appears that Tribunal committed any error, infirmity or illegality in awarding the above compensation. 9. Thus appeal fails and dismissed. 10. All the pending applications are disposed of Sd/- (Sachin Singh Rajput) Judge Ashish