1 2025:CGHC:53560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 253 of 2024 Gomti Dewangan D/o Indrajit Dewangan Aged About 32 Years R/o Village Arjuni, Tahsil And Thana Dongargaon, District Rajnandgaon (C.G.),...(Claimant) ... Appellant versus 1 - Durgesh Sinha S/o Bhagwat Simha Aged About 32 Years R/o Ward No. 37, Charmari Diprapat, Near Santo Bi Mandir, Durg, District Durg (C.G.),...(Driver) 2 - Lukeshwar Sinha S/o Bhagwat Sinha R/o House No. 318, Ward No. 37, Charmari Diprapar, Near Santo Bi Mandir Durg, District Durg (C.G.),...(Owner) 3 - Magma H.D.I. General Insurance Company Ltd. Through Its Branch Manager, Second Floor, Ambar, 22/b, Tilak Nagar, Near Navab Area Time Square Infront Of Lotus Building Nagpur, Maharastra,...(Insurer) ... Respondent(s) For Appellant : Ms. Bhavika Kotecha, Advocate For Respondent No. 3 : Ms. Harneet Kaur Khanuja, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 03/11/2025 Digitally signed by NADIM MOHLE 2 1. The appellant/claimant/injured has filed this appeal for enhancement of compensation against the award passed by the Additional Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No. 96/2022, whereby the learned Tribunal has passed an award to the tune of Rs.1,16,260/- on account of injuries sustained by the claimant. 2. Ms. Kotecha would submit that on 27.01.2022 at about 12:30 Hrs., the appellant/claimant was crossing the road to purchase some stuff, at the same time, respondent No.1, by driving the vehicle Ashok Leyland (CG- 04-MH-0464) rashly and negligently, dashed her. As a result, she sustained grievous injuries including fracture of thigh bone and suffered permanent disability. She would submit that the learned Tribunal has awarded a meager amount for loss of earning, pain and suffering. The learned Tribunal failed to grant compensation for conveyance, special diet attendant and future medical expenses. She would pray to enhance the compensation. 3. On the other hand, Ms. Harneet Kaur Khanuja, learned counsel appearing for respondent No.3 would oppose the submissions made by counsel for the appellant. She would submit that the learned Tribunal has granted just and proper compensation to the claimant. 4. Heard learned counsel for the parties and perused the record. 3 5. The disability certificate to the extent of 25% issued by AW/2- Dr. Rajesh Sadan reflects that the disability of the appellant was temporary in nature. The learned Tribunal has awarded Rs.10,000/- for loss of income Rs.40,000/- for pain and suffering, and Rs.66,260/- for medical expenses. The learned Tribunal failed to award compensation on other conventional heads. 6. Taking into consideration that the appellant remained hospitalized for a considerable period and there was a fracture and temporary disability, therefore, the learned Tribunal ought to have awarded compensation on conventional heads like special diet, future medical expenses and attendant. Accordingly, the award is recomputed as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.10,000/- Rs.10,000/- 2. Loss of Earning Rs.10,000/- Rs.10,000/- 3. Pain and suffering Rs.40,000/- Rs.40,000/- 4. Attendant 0 Rs.10,000/- 5. Conveyance 0 Rs.10,000/- 6. Special Diet 0 Rs.10,000/- 7. Medical Rs.66,260/- Rs.66,260/- 8. Future medical expenses 0 Rs.25,000/- Total Rs.1,16,260/- Rs.1,71,260/- 7. In view of the above calculation, the claimant would be entitled to an additional sum of Rs.55,000/-. Since the learned Tribunal has already awarded Rs.1,16,260/-. The insurance company is directed to pay the 4 enhanced compensation Rs.55,000/- with interest @6% to the appellant/claimant within a period of 60 days, failing which, the amount shall carry penal interest @18% per annum. Accordingly, this appeal is allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim