NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 418 of 2021 Balwaan Sing, S/o Phoolchand Sharma, aged about 72 Years, R/o Adhari, Nawagaon, District- Dhamtari, Chhattisgarh --- Appellant Versus 1. Kamlesh Nishad, S/o Late Shri Ramji Nishad, aged about 36 Years, R/o Jangalpara Nagri, Post And Thana- Nagri, District- Dhamtari, Chhattisgarh. (Driver And Owner Of The Vehicle), District : Dhamtari, Chhattisgarh 2. Divisional Manager The Oriental Insurance Co. Ltd, M.B. Trade, Near Balak Chawk, Dhamtari, Tahsil And District- Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh --- Respondents For Appellant : Shri Kunal Das, Advocate. For Respondent No. 1 : Ms. Natasha Khan, advocate appeared on behalf of Shri Yogendra Pandey, Advocate. For Respondent No. 2 : Shri Arun Kumar Shukla, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 12 /09/2025 1. This appeal has been filed by the appellant / claimant under section 173 of the Motor Vehicle Act (for short (MV Act), being aggrieved by the award dated 16/02/2021 passed in MACT No. 101/2019 by the Additional Motor Accident Claims Tribunal, Dhamtari, District – Dhamtari (C.G.) by which the learned Tribunal against a compensation of Rs. 23,25,000/- has awarded an amount of Rs.03,50,898/- as compensation in favour of the appellant/claimant on account of injuries sustained by him in an accident that occurred on 29/09/2018 by rash and negligent driving of the offending vehicle Tavera bearing registration No. CG-04-KZ-9745 by driver and owner of the offending vehicle / respondent No. 1 and insured with the respondent no.2/ Insurance Company. 2. As per pleadings of the claim application filed under section 166 of the MV Act, 198,8 as a result of the said accident the appellant/claimant sustain injuries severe injuries -2- including multiple fractured and remained in hospitalization for a considerable period and spent huge amount on his treatment. 3. The application was resisted by respondent on various ground including Insurance Company took a plea that the driver of the offending vehicle was not having fitness certificate and driver was not having valid and effective driving license, there is a violation of terms and conditions of the Insurance Policy. 4. The learned Tribunal framed six issues on the basis of above broad pleadings and decided the same in favour of the appellant / claimant and awarded the compensation mentioned in the first paragraph. 5. Learned counsel for the appellant / claimant submits that the amount of the compensation is on lower side, which requires suitable enhancement. 6. Per contra, learned counsel for the respondents No. 3 submits that just compensation is awarded including medical treatment and as he was aged about 73 years and he had no income, the award has been made by the learned Claims Tribunal which does not require interference. 7. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 8. Admitedly, the appellant was aged about 73 years. The tribunal had awarded compensation of Rs.03,50,898/- which also included the treatment expenses of Rs.03,15,898/- and Rs.30,000/- in other head. In order to make the compensation just, this Court award a further sum of Rs.15,000/-, which shall be payable by the respondent No. 2 / Insurance Company within a period of 60 from the date of receipt of copy of this order. After the amount of compensation is deposited by respondent No.2/insurance company, learned Tribunal shall pass appropriate order for disbursement. 9. Appeal thus partly allowed with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish