(MAC No.176/2022) 2025:CGHC:48306 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 176 of 2022 Mohd. Salim Asrafi, S/o Shri Sheikh Shariff Asrafi, Aged about 48 years, R/o Village Bhagat Deori, P.S. Sankara, Tehsil Pithora, District Mahasamund, Chhattisgarh. (Claimant) ... Appellant versus 1. Bharat Singh Thakur, S/o Shri Labed Singh Thakur, Aged about 24 years, R/o Ward No.15, Komakhan, P.S. Komakhan, Tehsil Bagbahara, District Mahasamund, Chhattisgarh. (Driver of the offending vehicle Bolero Pickup CG06 GB9510) (Non-claimant No.1) 2. Devnarayan Sahu, S/o Shri Jagnnathi Sahu, Aged about 44 years, R/o Ward No.11, Bidora, Mahasamund, Bakma, District Mahasamund, Chhattisgarh – 493 449. (Registered Owner of the offending vehicle Bolero Pickup CG06 GB9510) (Non-claimant No.2) 3. Shriram General Insurance Company Limited, through its Branch Manager, Branch Office Plot No.1, 4th Floor, Maruti Heights (Ahead of R.K. Mall), G.E. Road, Raipur, Tehsil & District Raipur, Chhattisgarh. (Insurer of the offending vehicle Bolero Pickup CG06 GB9510) ... Respondents For Appellant : Mr. Rishi Sahu, Advocate. For Respondent No.3 : Mr. Saurabh Gupta, Advocate, on behalf of Mr. Sourabh Sharma, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.09.22 18:41:44 +0530 (MAC No.176/2022) Judgment on Board 19/09/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellant herein/ claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 1-12-2021 passed by the 1st Additional Motor Accident Claims Tribunal, Mahasamund in Claim Case No.H-21/2020, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,35,301/- as compensation for the injury sustained by the appellant herein/claimant himself. 2. It is the case of the appellant/claimant that on 21-1-2017, he sustained grievous injury on account of rash and negligent driving of the offending vehicle Bolero Pickup bearing registration No.CG- 06/GB-9510, driven by respondent No.1, owned by respondent No.2 and insured by respondent No.3 and on claim raised by him, the learned Claims Tribunal has awarded a total sum of ₹ 1,35,301/- out of which ₹ 72,101/- is towards the medical expenses and remaining amount has been awarded on other conventional heads. 3. Mr. 3. Mr. Rishi Sahu, learned counsel appearing on behalf of the appellant herein/claimant, would submit that just and proper compensation has not been awarded by the Claims Tribunal, as only ₹ 10,000/- has been awarded for pain and suffering, ₹ 5,000/- for nutritious food and ₹ 5,000/- for transportation, which is very much on lower side and even no amount has been awarded towards (MAC No.176/2022) attendant charges though he suffered temporary disablement to the extent of 40% as per Ex.P-104. 4. Mr. Saurabh Gupta, learned counsel appearing on behalf of respondent No.3 herein/Insurance Company would oppose the appeal and support the impugned award. 5. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went though the record with utmost circumspection. 6. After having heard learned counsel for the parties and on going through the record, it would be expedient in the facts and circumstances of the case to enhance the amount of compensation from ₹ 1,35,301/- to ₹ 1,75,000/- with interest @ 6% per annum from the date of filing of the claim application. It is ordered accordingly. 7. The appeal stands allowed in part to the extent indicated herein- above with no order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma