1 2025:CGHC:27501 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 553 of 2017 1 - Smt. Jageshwari W/o Samaydas, Aged About 30 Years R/o Village Tumdeboad, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh ...............Claimant, Chhattisgarh ... Appellant versus 1 - Ajay Verma S/o Leeladhar Verma, Aged About 23 Years R/o Village Peprkhar, P.S. Boratlaw, District Rajnandgaon, Chhattisgarh ...............Driver, Chhattisgarh 2 - Neesar Mahommad S/o Dalser Mahommad, R/o Near Dena Bank Mohdapara, Raipur, District Raipur, Chhattisgarh ................Owner, District : Raipur, Chhattisgarh 3 - Branch Manager, Oriental Insurance Company Limited, Old Rest House Road, Near Mayor Hotel Rajnandgaon, District Rajnandgaon, Chhattisgarh, District : Rajnandgaon, Chhattisgarh ... Respondents For Appellant : Shri Aditya Bhardwaj, Advocate For Respondent No.3 : Shri R.K. Jain, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 24/06/2025 1. I.A. No.1 for condonation of delay in filing the appeal is allowed and delay in filing the appeal is condoned for the reasons mentioned in the application. Digitally signed by GOPAL SINGH Date: 2025.07.25 18:12:43 +0530 2 2. Present is an appeal filed by the claimant against the award dated 10.11.2016 passed by the Motor Accidents Claims Tribunal, Rajnandgaon in Claim Case No.187 of 2015, whereby the Claims Tribunal has granted compensation of Rs.63,905/- in favour of the claimant/appellant fastening liability upon respondent No.3/insurance company to satisfy the award. 3. Case, in short, is that on 13.1.2015, the appellant/claimant along with her son Hemu aged about 6 years and friend Tejeshwari Sahu went to Village Bodela and when they were coming back from Village Bodela at about 5:30 p.m., at Bodela Tumdibod Road, respondent No.1 driving Tata Sumo bearing registration No.CG 04 B 5248 rashly and negligently, hit the appellant, as a result of which the appellant sustained fracture in her right leg below knee and her son also got injury in his head. 4. Learned counsel for the appellant/claimant submits that the Claims Tribunal failed to consider that the appellant/claimant was working as a daily wager at the time of accident. The Tribunal has not considered the income of the appellant properly. The appellant is not able to work as she got 80% disability due to the accident and as per the evidence on record it is clear that she would not be able to do her daily necessary work in life. The Tribunal has not properly considered the medical expenses occurred in treatment of the appellant. The Tribunal has not awarded proper compensation 3 towards conveyance and attendant. Hence, it is prayed that the appeal may be allowed. 5. Learned counsel for respondent No.3/insurance company submits that the Claims Tribunal has considered every aspect of the matter and has rightly granted the compensation. 6. I have heard learned counsel for the parties and perused the material available with due care. 7. The Claims Tribunal has awarded compensation towards various heads as under: 1 For loss of income Rs.17,500 2 For treatment Rs.26,405 3 For mental agony and special diet Rs.10,000 4 For disability Rs.10,000 Total = Rs.63,905 8. Considering the aforesaid aspect of the matter, considering the facts and circumstances of the case and considering the injury sustained by the claimant, this Court thinks it fit to grant an amount of Rs.60,000 towards pain and suffering and mental agony in addition to the amount already granted by the Tribunal towards mental agony and special diet. The amount granted by the Tribunal towards disability is enhanced by Rs.60,000. Thus, the compensation granted by the Claims Tribunal is enhanced by Rs.1,20,000. Hence, the claimant is 4 now entitled to get total compensation of Rs.63,905 + Rs.1,20,000 = Rs.1,83,905/-. 9. The other terms and conditions of the award passed by the Claims Tribunal would be as it is. 10. Accordingly, the appeal filed by the claimant is partly allowed. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh