1 2025:CGHC:54795 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 636 of 2024 1 - K.C. Thankan (Since Dead), Through Lrs. (1) Smt. Basanti Thankan, W/o K.C. Thankan, Aged About 64 Years, R/o Mohalla Manpur, Nagar, Police Station Surajpur, Tahsil And District Surajpur (C.G.) 2 - Joy @ Molu Thankan S/o K.C. Thankan, Aged About 41 Years R/o Mohalla Manpur, Nagar, Police Station Surajpur, Tahsil And District Surajpur (C.G.). ... Appellants versus 1 - Rhythm Agrawal Ramavatar Arawal, Aged About 10 Years Minor By Natural Guardian, Father Ramavtar Agrawal S/o Nanhu Ram, Aged About 35 Years, R/o Bhaiyathan Road, City, Police Station Surajpur, Tahsil And District Surajpur (CG.). 2 - Chandrabhan S/o Pawan Singh Gond, Aged About 52 Years Profession Driver, R/o Village Lanchi, Police Station Surajpur, Tahsil And District Surajpur (C.G.). ... Respondent(s) For Appellants : Mr. Aman Ansari, Advocate For Respondent No.1 For Respondent No.2 : : Mr. Sushil Dubey, Advocate None though served. Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 11/11/2025 1. The appellants/owner & driver of the offending vehicle have challenged the quantum part of the award passed by the learned Motor Accident Claims Tribunal, Surajpur in Claim Case No. 101/2019, whereby the learned Tribunal has granted compensation to the tune of Rs. 3,26,486/- with interest @ 8 % per annum on account of injury sustained by Rhythm Agrawal. 2. Facts in brief are that on 04.04.2019 at about 8:00 am, the injured Rhythm Agrawal, was going to Sadhu Ram Bidya Mandir School, Surajpur from his home in Tata Magic (CG-15-CX-7004), in the mid way, the driver of the offending vehicle/respondent No.2 opened nozzle of radiator and boiling water came out, resultantly, he sustained burn injuries over both legs, right hand and chest. He was provided treatment in various hospitals situated at Surajpur, Ambikapur and Raipur. Parents of the injured spent Rs.2,22,671/- in his treatment. Learned Tribunal considered nature of injuries and medical expenses and granted compensation accordingly. 3. Mr. Aman Ansari, learned counsel for the appellantS would submit that the learned Tribunal committed an error of law while accepting medical bills of Rs. 2,38,726/- submitted by the claimants. He would further submit that on head of conveyance the learned Tribunal awarded Rs. 3 42,760/-, for special diet Rs.15,000/-, for pain and suffering Rs. 30,000/-; total 3,26,486/- which are at the higher side. He would also submit that the no witness was examined to prove the medical bills. He would contend that injured remained hospitalized for 20 days only but the learned tribunal awarded sum of Rs. 15,000 for special diet. He would further contend that the claimants failed to examine the treating Doctor to prove nature of injuries and medical expenses incurred in treatment. He would pray to set aside the award passed by the learned Tribunal. 4. On the other hand, learned counsel appearing for the respondent No.1 would oppose and submit that the learned Tribunal has honored the medical bills and awarded meager amount on other conventional heads. He would submit that the appeal deserves to be dismissed. 5. Heard learned counsel for the parties and perused the record. 6. Admittedly, K.C. Thankar/appellant No.1 was owner of vehicle in question, whereas respondent No.2 was its driver. On the fateful date, the claimant was going to his school in Tata Magic vehicle (CG-15-CX- 7004), its driver opened nozzle of the radiator and boiling water came out, resultantly, the claimant sustained grievous burn injuries over various parts of the body. The claimant placed on record medical bills and proved the medical expenses incurred in his treatment. It is true that the claimant failed to examine the treating Doctor but the learned 4 Tribunal has not awarded compensation for future medical expenses or for loss of earning. 7. Appellant has not denied the fact that there was no accident, rather a plea was taken that the claimant sustained injuries as his food article kept in the tiffin fell over the claimant. 8. The learned Tribunal has honored the medical bills presented by the claimant & those bills have not been disputed by the appellants herein and further the learned Tribunal awarded meager amount for conveyance and pain and suffering. 9. Taking into consideration the findings recorded by the learned Tribunal, the quantum of compensation, I do not find any good ground to interfere with the award passed by the learned Tribunal. 10.Accordingly, this appeal fails and is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Nadim