1 2025:CGHC:40068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1859 of 2019 1 - Smt. Lakeshwari Bai W/o Anujram Banjare Aged About 32 Years R/o Village Jogesara, Police Station Sarsiwa, Tahsil Bilaigarh, District Raipur Chhattisgarh. Present District Baloda Bazar Bhatapara Chhattisgarh. (Claimant), District : Balodabazar-Bhathapara, Chhattisgarh ... Appellant Versus 1 - Uttam Das @ Uttam Kumar S/o Bisesar Patel Aged About 27 Years R/o Village Dhourabhata Lahod, Police Station And Tahsil Kasdol, District Raipur Chhattisgarh. Present District Baloda Bazar Bhatapara Chhattisgarh. (Driver Of Offending Vehicle Metador 1109 Bearing Registration No. C.G. 04-J-8472)., District : Balodabazar- Bhathapara, Chhattisgarh 2 - Mukesh Kumar Jaiswal S/o Lakhan Lal Aged About 32 Years R/o Village Toulidih, Police Station Bilaigarh, District Raipur Chhattisgarh. Present District Baloda Bazar Bhatapara Chhattisgarh. (Owner Of Offending Vehicle Metador 1109 Bearing Registration No. C.G. 04-J-8472)., District : Balodabazar-Bhathapara, Chhattisgarh 3 - Branch Manager The New India Insurance Company Limited, Raipur, Branch Office Garden Chowk Baloda Bazar, District Raipur Chhattisgarh. (Insurer Of Offending Vehicle Metador 1109 Bearing Registration No. C.G. 04-J-8472)., District : Balodabazar-Bhathapara, Chhattisgarh 4 - Babulal Jangde S/o Taji Ram Jangde Aged About 30 Years R/o Village Odkakan, Police Sation Sarsiwa, District Raipur Chhattisgarh. Present District Baloda Bazar Bhatapara Chhattisgarh. (Driver Of Offending Vehicle Jeep Bearing Registration No. C.G. 04-Zd-8191)., District : Balodabazar-Bhathapara, Chhattisgarh SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 5 - Janak Ram Chouhan S/o Maniram Chouhan Aged About 45 Years R/o Village Kosamkunda, Police Station Sarsiwa, District Raipur Chhatisgarh. Present District Baloda Bazar Bhatapara Chhattisgarh. (Owner Of Offending Vehicle Jeep Bearing Registration No. C.G. 04-Zd-8191)., District : Balodabazar-Bhathapara, Chhattisgarh ... Respondents For Appellant : Mr. S.P. Sahu, Advocate For Respondent No. 3 : Mr. Deepak Gupta, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 11/08/2025 1. Appellant/Claimant filed this appeal seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 30.07.2019 passed by the 3rd Additional Motor Accident Claims Tribunal, Balodabazar, District – Balodabazar – Bhatapara (C.G.) in Claim Case No. 66/2011. 2. As this appeal is filed seeking enhancement of the amount of compensation, therefore, this Court is not dealing with the facts of the case as pleaded in the claim application, reply as discussed by the learned Claims Tribunal in the impugned award, however, only considering the submissions made by the counsel for respective parties on the enhancement of the amount of compensation. 3. Learned counsel for the appellant would submit that the appellant suffered severe injuries over his right shoulder resulting in fracture. He contended that the learned Claims Tribunal has awarded less amount of compensation towards the pains and sufferings and other heads which needs enhancement and further has not awarded any amount of compensation under the head of grievous injuries. Hence, he prays enhancement of the amount of compensation suitably. 3 4. On the other hand, learned counsel for respective respondents opposes the submission made by the counsel for appellant and would submit that the amount of compensation awarded is just and proper which does not call for any interference. 5. I have heard learned counsel for the parties and perused record of claim case. 6. The appellant on account of motor-accidental injuries suffered by him in a road accident had suffered lacerated would over his chin and the fracture of right shoulder joint. He took treatment from Tejkaur Nursing Home of Dr. R.S. Dheer, the Doctor in his prescription have clearly mentioned that applicant suffered with old avulsion fracture greater tuberosity right humerus. Claims Tribunal considering the medical bills placed on record, assessed loss of income for a period of 01 month and the medical expense, have awarded Rs. 39,420/-. Counsel for the appellant could not be able to point out that any bills as produced and exhibited was not considered by the Claims Tribunal. 7. Further, looking to the nature of injuries suffered by the claimant on the right shoulder and the occupation of the claimant to be of Anganbadi Worker loss of income during treatment also cannot be said to be on lower side. Claims Tribunal awarded only Rs. 10,000/- only towards pains and sufferings, which looking to the facts of the case and nature of injury on the part of body appears to be on lower side. Therefore, it is enhance to Rs.15,000/- instead of Rs. 10,000/-. 8. Claims Tribunal has not awarded compensation under the head of grievous injury, as claimant suffered facture/dislocation of the right shoulder, I find it appropriate to award Rs. 10,000/- towards the 4 grievous injury. The claimant will also be entitled for Rs. 5,000/- as awarded by the learned Claims Tribunal towards the special diet. 9. For the foregoing reason, this Court proposes to recalculate the amount of compensation payable to the appellants. S. No. Heads Compensation 1. Loss of income during laid down period and medical expenses : Rs. 39, 240/- 2. Pains and sufferings : (+) Rs. 15,000/- 3. Grievous Injury : (+) Rs. 10,000/- 4. Special diet : (+) Rs. 5,000/- Total Compensation : Rs. 69,240/- 10. Now, the Appellant/Claimant is awarded total compensation of Rs. 69,240/-. The enhanced amount of compensation shall carry interest @ 8% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 11. Any amount already paid to Claimants/Appellants as compensation shall be adjusted from the to tal amount of compensation as calculated above. 12. In the result, appeal is allowed in part and the impugned award stands modified to the extent indicated above. 13. Certified copy as per rules. Sd/-d/--/-/--------/--/- (Parth Prateem Sahu) Judge Dey