(MAC No.342/2023) 2025:CGHC:56790 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 342 of 2023 {Arising out of award dated 23-7-2022 passed by the Motor Accident Claims Tribunal, Durg in Motor Accident Claim Case No.18/2021} Lokesh Bhimjiyani, S/o Late Girdharlal, Aged about 45 years, R/o Polsaye Para, Near Mahalakshmi Press, Durg, Thana Durg, Tehsil and District Durg, Chhattisgarh. (Claimant) ... Appellant versus 1. Santosh Kumar Dewangan, S/o Pardeshi Ram Dewangan, Aged about 40 years, R/o Deepak Nagar, Ward No.18, Road No.5, Thana Mohan Nagar, Tehsil and District Durg, Chhattisgarh. (Owner and Driver) 2. United India Insurance Company Limited, Through Branch Manager, Address Gurudwara Road, Durg, District Durg, Chhattisgarh. (Insurance Company) ... Respondents For Appellant : Mr. Utsav Mahiswar, Advocate. For Respondent No.1 : Mr. Anand Dadariya, Advocate. For Respondent No.2 : Mr. Anupam Dubey, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 21/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.22 15:24:49 +0530 (MAC No.342/2023) impugned award dated 23-7-2022 passed by the Motor Accident Claims Tribunal, Durg in Motor Accident Claim Case No.18/2021, by which the learned Claims Tribunal has awarded a total sum of ₹ 1,61,000/- as compensation for the injury sustained by the appellant herein/claimant. 2. Mr. Utsav Mahiswar, learned counsel appearing on behalf of the appellant herein/claimant, would submit that just and proper compensation was not granted to the appellant herein/claimant towards the grievous injury suffered by him, as only ₹ 1,61,000/- has been granted, though he suffered fracture in femur and was hospitalized for nine days, which deserves to be enhanced. 3. Mr. Anand Dadariya and Mr. Anupam Dubey, learned counsel appearing on behalf of respondents No.1 & 2 herein, respectively, would oppose the appeal and support the impugned award. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. Admittedly, the appellant herein/claimant suffered fracture in femur and he remained admitted in the hospital for nine days. Therefore, considering the facts and circumstances of the case in totality, a sum of ₹ 60,000/- is hereby awarded to the appellant herein/claimant, in addition to the amount already awarded by the Claims Tribunal. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a (MAC No.342/2023) period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 17-12-2020 till its realisation. Rest of the conditions of the impugned award shall remain intact. 6. 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 Soma