Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:47341
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 403 of 2023 Dileram Sahu S/o Shiv Prasad Sahu Aged About 25 Years R/o Village Odan, Palari Balodabazar, District - Balodabazar-Bhatapara Chhattisgarh. (Injured)
… Appellant versus 1 - Domar Singh S/o Mangal Chand Sahu Aged About 41 Years R/o Village - Sasha, Palari, District - Balodabazar- Bhatapara Chhattisgarh. 2 - Manager, Cholamandalam, M.S. General Insurance Company, Raipur District - Raipur Chhattisgarh.
... Respondents For Appellant : Mr. Sahil Sahu on behalf of Mr. Ravindra Sharma, Advocates For Respondent No. 2 : Mr. Prashant Sahu on behalf of Mr. Sangeet Kumar Kushwaha, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal
Judgment On Board
2 15.09
.2025
1. Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter,
“the Act of 1988”), seeking enhancement of compensation, challenging the impugned award dated 10/02/2023 passed by learned 2nd Additional Motor Accident Claims Tribunal, Baloda Bazar in Claim Case No. 14/2019 whereby compensation of Rs. 44,072/- has been granted in his favour for the injuries suffered by him.
2.
Learned counsel for the appellant would submit that the appellant suffered fracture in his left thigh and he remained hospitalized for 21 days and on account of the said injury, the appellant is still not able to work as a Mason, therefore, the amount of compensation awarded by the Tribunal may suitably be enhanced.
3.
Learned counsel for respondent No. 2 would support the impugned award and submit that the amount of compensation awarded by the Claims Tribunal is just and proper and does not need any interference by this Court.
4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection.
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5. Taking consideration of the fact that no medical evidence has been brought on record by the appellant, however, considering the nature of injury suffered by him and further looking to the fact that he is yet not able to work as a Mason and the compensation awarded by the Tribunal is on the lower side, I deem it appropriate to enhance it by Rs. 80,000/-, making the amount of total compensation to be Rs. 1,24,072/-. Respondent No. 2 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this
order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 23/01/2019 till its realization. Rest of the conditions of the impugned award shall remain intact.
6. Accordingly, the instant appeal is allowed to the extent indicated herein-above. No cost(s).
Sd/- (Sanjay K. Agrawal) Judge Harneet