NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 2302 of 2019 Ravendra Joshi, S/o Ramswaroop Joshi, aged about 19 Years, R/o Potiakala, Abadipara, Durg, Tahsil And District Durg, Chhattisgarh. --- Appellant Versus 1. Shrawan Kumar Yadav, S/o Shri Dauvaram Yadav, aged about 29 Years, R/o Village Hanauda, Milan Chowk, Police Station Utai, Tahsil And District Durg, Chhattisgarh. (Driver Of Offending Vehicle No. Cg-07- Ar-4524), District : Durg, Chhattisgarh 2. Thamas Abraham, S/o T.T. Abraham, R/o Thamas Villa Milani Nagar, Ward No. 52, Borsi Potia Kala, Durg, Tahsil And District Durg, Chhattisgarh. (Owner Of Offending Vehicle No. Cg-07- Ar-4524), District : Durg, Chhattisgarh 3. National Insurance Company Limited Branch No. 1 Bhutani Complex, G.E. Road, Power House Bhilai, Tahsil And District Durg, Chhattisgarh. (Insurer Of Offending Vehicle No. Cg-07- Ar-4524), District : Durg, Chhattisgarh --- Respondents For Appellant : Shri Praveen Dhurandhar, Advocate. For Respondent No. 3 : Shri Anil Gulati, Advocate appeared on behalf of Shri Praveen Kumar Tulsyan, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order on Board 01 /09/2025 1. This appeal has been filed by the appellant / claimant under section 173 of the Motor Vehicle Act (for short (MV Act), challenging the award dated 19/08/2019 passed in Claim Case No. 83/2017 by the IV Additional Motor Accident Claims Tribunal, Durg, District – Durg (C.G.) by which the learned Tribunal against a compensation of Rs. 11,00,000/- an amount of Rs.1,36,427/- was awarded in favour of the appellant/claimant on account of injuries sustained by him in an ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.16 11:43:10 +0530 -2- accident that occurred on 28/12/2016 by rash and negligent driving of the offending vehicle indica Car bearing registration No. CG-07-AR-4525. Driven by respondent No. 1 is the driver and Respondent No. 2 is the owner of the offending vehicle and insured with the respondent no.3/ Insurance Company. 2. An application under section 166 of Act of 1988 was filed by the applicant/claimant inter-alia pleading that the appellant/claimant sustained severe injuries fractured including permanent disablement. 3. The application was resisted by respondent No.3/Insurance Company that the driver was not having valid and effective driving license, there is a violation of terms and conditions of the Insurance Policy. 4. The learned Tribunal framed six issues on the basis of above broad pleadings and decided the same in favour of the appellant / claimant and awarded the following compensation:- S.No. Head Calculation 1. For Medical treatment and expenses Rs.64,072/- 2. For pain and suffering Rs. 20,000/- 3. Nutritional Diet, Transportation Expenses and other expenses Rs. 4155/- 4. Fpr transportation Rs. 2200/- 5. For Attendant Rs.10,000/- 6. Permanent disability Rs.54,000/- Total compensation Rs. 1,36,427/- 5. Learned counsel for the appellant / claimant submits that the amount of the compensation is on lower side, the appellant/claimant was minor boy of 16 years, his whole life is ahead, therefore, adequate compensation may be enhanced. -3- 6. Per contra, learned counsel for the respondents No. 3 submits that the just compensation has been awarded in all respect, the award has been made by th learned Claims Tribunal which does not require interference. 7. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 8. Considering the entire evidence available on record, nature injuries and permanent disablement sustained by him, this Court is of the opinion to award on additional amount of Rs.75,000/- to make the compensation just, which shall be payable by the respondent No. 3 / Insurance Company within a period of 60 from today days. After the amount of compensation is deposited by respondent No.3/Insurance C9ompany, learned Tribunal shall pass appropriate order for investment and disbursement. 9. Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish