NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 40 of 2020 Mahadev Bharti @ Chandan, S/o Late Narottam Bharti, aged about 19 Years, R/o Village - Kanharpuri, Ward No. 33, Tehsil And District - Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh --- Appellant Versus 1. Pawan Kumar Tandan, S/o Amruram Tandan, R/o - Village - Makkatola, Police Station - Chichola, District - Rajnandgaon Chhattisgarh. (Respondent No. 01 ) ( Driver Of Tata A S - C G - 08 - B - 2335), District : Rajnandgaon, Chhattisgarh 2. Santosh Kumar Banjare, S/o Firturam Banjare, R/o Village - Makkatola, Police Station - Chichola, District - Rajnandgaon Chhattisgarh. (Respondent No. 02 ) ( Owner Of Tata A S - C G - 08 - B - 2335), District : Rajnandgaon, Chhattisgarh 3. Branch Manager, The Oriental Insurance Company Limited, Branch Office - Near Railway Station, Rajnandgaon, Tehsil And District - Rajnandgaon Chhattisgarh. (Respondent No. 03 ) (Insurance Company ), District : Rajnandgaon, Chhattisgarh --- Respondents For Appellant : Shri Khilendra Sahu, Advocate appeared on behalf of Shri S.S. Baghel, Advocate. For Respondent No. 1 &2 : Smt. Bhavika Kotecha, Advocate For Respondent No. 3 : Ms. M. Asha, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order on Board 29 /08/2025 1. This appeal has been filed by the appellant / claimant under section 173 of the Motor Vehicle Act (for short (MV Act) being aggrieved by the award dated 04/09/2018 passed by the Motor Accident Claims Tribunal, Rajnandgaon, District – Rajnandgaon (C.G.) in Claim Case No. 120/2015. ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.10 11:52:18 +0530 -2- 2. By the impugned award, against the claim of Rs.07,80,000/-, the learned Tribunal has awarded compensation of Rs.20,000/- partly allowing an application under section 166 of MV Act filed by the appellant / claimant on account of injuries sustained by him in an accident that took place on 24/02/2015 by rash and negligent driving of the offending vehicle Tata AS bearing registration No. CG-08/B-2335 by respondent No. 1 / driver, owned by respondent No.2/owner and insured with the respondent No. 3 / Insurance company. 3. As per pleadings of the claim application, on 24/02/2015 appellant along with his friends returning to their home Kanhapuri by motorcycle with moderate speed on his own side. As they reached near Nehru College, Dongargarh, at that time driver of the offending vehicle dashed the motorcycle of the appellant by rash and negligent driving as a result appellant sustained injuries. He was admitted at Sector-9, Hospital, Bhilai where he was admitted and treated for 08 days. He spent huge amount for the treatment and the above stated compensation was claimed. 4. The application was resisted by respondent No.3/Insurance Company that due to self negligent accident has occurred and pleaded that there is a violation of terms and conditions of the Insurance Policy. 5. 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 above stated compensation. 6. Learned counsel for the appellant / claimant submits that the amount of the compensation is on lower side looking to the injuries sustained by the appellant / claimant even if no Doctor is examined, suitable enhancement may be made by this Court in order to make compensation just. 7. Learned counsel for the respondents No. 3 supports the award and submits that no disability certificate was filed even no treating doctor or any other doctor were -3- examined and the bills of treatment which were produced by the appellant / claimant were duly considered. The learned Tribunal has considered all aspects of the matter and awarded just compensation under all admissible heads. 8. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 9. Considering the entire evidence available on record, this Court feels inclined to award on additional amount of Rs.10,000/- to make the compensation just, which shall be payable by the respondent No. 3 / Insurance Company within a period of 60 days. 10.Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish