1 2025:CGHC:57771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 318 of 2023 Avinash Yadu S/o Shri Dinesh Yadu Aged About 25 Years R/o House No.161, Near Dinesh Kirana Stores, Jora Ward No.28, Jora, District Raipur (C.G.), Present Address - Nayapara Ratanpur, Police Station Ratanpur, District Bilaspur, Chhattisgarh. ... Appellant/Claimant versus 1 - Dilip Kumar Bhandalkar S/o Shri Kishan Kumar Aged About 52 Years R/o Street No.5, Satnami Para, Telibandha, Police Station Telibandha, District Raipur, Chhattisgarh (Driver Of Car No. Cg-04 Hx-8791) 2 - Ice Cube Service C-1/206, Second Floor, Aishwarya Chamber, Telibandha, District Raipur, Chhattisgarh. (Owner Of Car No. Cg-04 Hx-8791) 3 - Branch Manager The New India Insurance Company Limited, Branch Office Second Floor, Rama Trade Centre, Opposite Rajeev Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh. (Insurer Of Car No. Cg-04 Hx-8791) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.28 11:29:54 +0530 2 For Appellant :Mohd. Parvez Khan, Advocate For Respondent No. 3 :Mr. Sourabh Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 27.11.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 25/11/2022 passed by learned Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 190/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 3,30,000/- as compensation to the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the compensation awarded by the Claims Tribunal is on the lower side as on account of the accident, he had suffered compound fracture in right leg, therefore, the compensation awarded by the Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation 3 awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 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. A careful perusal of the record would show that appellant/claimant is a PHD student and on account of the accident, he had suffered compound fracture on his right leg and learned Claims Tribunal has awarded Rs. 2,65,000/- under medical expenses, Rs. 5,000/- each under transportation, special diet and pain and agony, and Rs. 50,000/- under loss of earning, however, no compensation has been awarded under attendant’s fee and for future medical expenses, therefore, I deem it appropriate to award an additional sum of Rs. 1,00,000/- as compensation to the appellant/claimant, which will be paid by respondent No. 3 within 3 months from the date of receipt of the copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 05/02/2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 4 6. Accordingly, this appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet