-1- NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 515 of 2024 1 - Chhannu Lal Mehar S/o Kaushal Mehar Aged About 18 Years R/o Rambod, Police Station- Sargaon, District - Mungeli, C.G. At Present R/o Village- Masturi, P.S. Masturi, District : Bilaspur, Chhattisgarh ... Claimant versus 1 - Sheetla Prasad S/o Lalchand Prrmanent Resident Of Village- Jamuhara, District- Mirjapur, U.P., At Present R/o House Of Sanjay Arya, Bilha Turning, P.S. And Tahsil- Bilha, District Bilaspur, Chhattisgarh (Driver Of Trailer No. C.G. -12-S-1518) 2 - Ajay Arya S/o Ramgopal Arya R/o House No. 41, Kanwarpara, Village-Tivarta, Tahsil- Pali, District Korba, C.G. At Present Resident Of Sant Kanwarram Colony, Bhatapara, District Balodabazar-Bhatapara, Chhattisgarh (Driver Of Trailer No. C.G. - 12-S-1518) 3 - The New India Insurance Company Limited Through The Branch Manager, Rama Trade Centre, Second Floor, U.T.I. Building, Near Rajeev Plaza, Tahsil And District- Bilaspur, Chhattisgarh (Insurer Of Trailer No. C.G. -12-S-1518) Policy No. 46050031180100004619 For The Period From 20-06-2018 To 19-06-2019) ... Respondents For Appellant/Claimant/injured : Mr. Sanjeev Kumar Sahu, Advocate For Respondents No.3 : Mr. Qamrul Aziz, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.10.2025 1) Heard. 2) The appellant/claimant has filed this appeal for enhancement of compensation against an award passed by the learned Second Additional Motor Accidents Claims Tribunal, Bilaspur (C.G.) in Claim Case No.962/2019 dated 15.01.2024, whereby, the learned Tribunal has REKHA SINGH -2- passed an award to the tune of Rs.43,901/- with interest @ 9% per annum on account of injuries sustained by the claimant. 3) Learned counsel appearing for the appellant/claimant would submit that the learned Tribunal has awarded meager amount on conventional heads. He would fairly submit that the learned Tribunal has honoured medical bills submitted by the claimant but awarded meager amount for pain and suffering; special diet and conveyance and also failed to award compensation for attendant. He would pray to enhance the compensation. 4) On the other hand, Mr. Aziz, learned counsel appearing for respondent No.3/Insurance Company would oppose the submissions made by Mr. Sahu. He would submit that the claimant failed to prove the fact that he sustained grievous injury or bonny injury and therefore, the learned Tribunal has awarded just and proper compensation. He would contend that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) A perusal of the record would show that on account of injuries sustained by the claimant in a road accident dated 14.11.2018, he sustained head injury and remained hospitalized for a period of 10 days. Learned Tribunal has awarded a sum of Rs.4070/- for loss of earning; Rs.32231/- for medical expenses; Rs.2000/- for pain and suffering; Rs.2000/- for -3- special diet and Rs.3600/- for conveyance. The learned Tribunal has not awarded compensation for attendant and the sum awarded for pain and suffering and special diet appear to be at lower side. Consequently, the appellant/claimant shall be entitled for sum of Rs.15,000/- for pain and suffering; Rs.10,000/- for special diet; Rs.10,000/- for conveyance and Rs.5,000/- for attendant. Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. For loss of income Rs.4070/- Rs.4070/- 2. For medical expenses Rs. 32231/- Rs. 32231/- 3. For pain and suffering Rs. 2,000/- Rs. 15,000/- 4. For special diet Rs.2000/- Rs.10,000/- 5. For conveyance Rs.3600/- Rs.10,000/- 6. For attendant NIL Rs.5,000/- 7. Total Rs. 43,901/- Rs. 76,301/- 7) Accordingly, the amount of compensation of Rs.43,901/- awarded by the Claims Tribunal is enhanced to Rs.76,301/-. Hence, after deducting the amount of Rs.43,901/-, the appellant is entitled for an additional amount of Rs.32,400/-. The additional amount of compensation shall carry interest @ 9% per annum from the date of application till the date of its realization. The rest of the terms and conditions shall remain intact. The -4- Insurance Company shall make payment of enhanced compensation within a period of 60 days. 8) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha