1 MAC No. 761 of 2023 2025:CGHC:54128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 761 of 2023  Ashwani Kumar Sahu S/o Bisruram Sahu, Aged About 29 Years, R/o Dharampur Camp, Kirandul, Police Station Kirandul, District Dantewada (C.G.). ... Appellant versus 1.Reman Kumar Dhruw S/o Bishat Ram Dhruv, Aged About 44 Years, R/o Village and Post Chhati, Police Station Kurud, Tehsil and District Dhamtari (C.G.) (Driver). 2.Dinesh Kumar Dhruw S/o Bishat Ram Dhruv, R/o Village and Post Chhati, Police Station Kurud, Tahsil and District Dhamtari (C.G.) (Registered Owner Of Offending Vehicle Motor Cycle Bearing Registration No. CG 05 AL 4178). 3.Divisional Manager, United India Insurance Company Limited, Branch Office, Upper Side Of Indian Bank, Bastar Road, Dhamtari, District Dhamtari (C.G.) (Insurance Company). ... Respondents For Appellant :- Mr. Praveen Dhurandhar, Advocate For Respondents No.1&2 :- Mr. Ritesh Verma, Advocate. For Respondent No.3 :- Mr. Raj Awasthi, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.11.07 11:48:59 +0530 2 MAC No. 761 of 2023 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.11.2025 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 in the amount of compensation, challenging the impugned award dated 24.02.2023 passed by the Additional Motor Accident Claims Tribunal, Dhamtari, District Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 78/2020, whereby learned Claims Tribunal has awarded a total sum of 1,86,428/- ₹ as compensation along with interest to the injured claimant/appellant herein. 2.Mr. Praveen Dhurandhar, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that under the heads of assistance, healthy diet, transportation, pain & suffering and loss of amenities, the Claims Tribunal has 3 MAC No. 761 of 2023 awarded less amount which is liable to be enhanced. 3.Mr. Ritesh Verma, learned counsel for the owner and driver, would submit that owner and driver are not liable to pay the compensation amount. 4.Mr. Raj Awasthi, learned counsel for the Insurance Company/respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 5.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records precisely. 6.In the opinion of this Court the Claims Tribunal has awarded less amount under the heads of assistance, healthy diet, transportation, pain & suffering and loss of amenities which is liable to be enhanced. As such, the claimant will be 4 MAC No. 761 of 2023 entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Medical Bills ₹1,35,028/- 1,35,028/- ₹ 2. Assistance ₹1400/- 10,000/- ₹ 2. Healthy diet ₹5,000/- 10,000/- ₹ 3. Transportation ₹5,000/- 10,000/- ₹ 4. Pain & suffering ₹25,000/- 50,000/- ₹ 5. Loss of amenities ₹15,000/- 20,000/- ₹ Total ₹1,86,428/- ₹2,35,028/- 7.In view of the aforesaid analysis, the amount of compensation of 1,86,428/- ₹ awarded by the Claims Tribunal is enhanced to ₹2,35,028/-. Hence, after deducting the amount of ₹1,86,428/- , the appellant is held to be entitled to an additional amount of ₹48,600/-. The concerned respondent is directed to deposit the amount of compensation within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application 5 MAC No. 761 of 2023 before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8.Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit