1 2025:CGHC:52678 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 837 of 2019 Surit Kumar Singour S/o Tularam Aged About 22 Years R/o Village Bhadam, Post Ganiyari, P. S. Kota, District Bilaspur Chhattisgarh. .........Claimant. ... Appellant versus 1 - Vijay Singour S/o Joan Singh Singour R/o Village Bhadam, Post Ganiyari P. S. Kota District Bilaspur Chhattisgarh. 2 - Prahlad Kumar Prajapati S/o Kedarnath R/o Village Bhadam, Post Ganiyari, P. S. Kota, District Bilaspur Chhattisgarh. 3 - Cholamandlam M. S. General Insurance Company Limited Branch Office, Simran Tower, Near Chhoti Railway Line Pandri Raipur, Tahsil and District Raipur Chhattisgarh. ... Respondent(s) For Appellant : Mr. Sajal Gupta, Advocate, holding the brief of Mr. For Respondent No.3 : Ms. Shrishti Upadhyay, Advocate, holding the brief of Mr. D. L. Dewangan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 29/10/2025 1. The appellant/claimant has filed this appeal for enhancement against the award dated 14.12.2018 passed by the learned VIII th Motor Digitally signed by NADIM MOHLE 2 Accident Claims Tribunal, Bilaspur in Claim Case No.315/2017, whereby the learned Tribunal awarded compensation to the tune of Rs.7,288/- with interest @ 6% per annum on account of injury sustained by the claimant. 2. Mr. Gupta would submit that on account of accident dated 05.11.2016, there was amputation of thumb of left hand of the claimant. He would contend that the claimant remained hospitalized from 06.11.2016 to 11.11.2016 at Gajanand Smriti Chikatsalaya, Bilaspur. He would contend that the learned Tribunal honored the medical expenses incurred in surgery etc but awarded a meagre amount on conventional heads. He would also submit that no compensation has been granted towards loss of earning; thus, he would pray to enhance the award amount. 3. On the other hand, Ms. Shrishti Upadhyay, learned counsel for respondent No.3 would submit that the claimant failed to examine the treating Doctor to prove the injury sustained by him. The learned Tribunal has awarded just and proper compensation; thus, this appeal deserves to be dismissed. 4. Heard. 5. It is not in dispute that the claimant failed to examine the treating Doctor, but at the same time, amputation of the thumb of the left hand has not been disputed by the Insurance Company. The Insurance Company failed to adduce evidence to establish that the evidence led 3 by the claimant was contrary to the facts, therefore, non-examination of the treating Doctor would not be fatal as it is a case of amputation. 6. Perusal of the award would show that the learned Tribunal has awarded Rs.2,228/- for medical bills presented by the claimant and it does not require interference. The learned Tribunal has awarded Rs.2,000/- for conveyance, which appears to be on lower side and same is enhanced to Rs.10,000/-. For special diet, only Rs.1,000/- has been granted which is now enhanced to Rs.10,000/-. For pain and suffering, the learned Tribunal awarded Rs.2,000/- and the same is enhanced to Rs.20,000/-. For loss of earning, (Rs. 6,206 x 3) Rs.18,618/- and for attendant charges, Rs.5,000/- is granted by this Court. 7. Accordingly, the compensation awarded is revisited as under : Head Award passed by the learned Tribunal Award passed by this Court Medical Expenses 2,228 2,228 Conveyance 2,000 10,000 Special Diet 1,000 10,000 Pain and Suffering 2,000 20,000 Loss of Earning 0 18,618 Attendant Charges 0 5,000 Total 7,228 65,846 8. In view of the aforesaid discussion, the appeal is allowed in part. The award dated 14.12.2018 passed by the learned VIII th Motor Accident Claims Tribunal, Bilaspur in Claim Case No.315/2017 is hereby modified 4 and the total compensation is enhanced from Rs.7,228/- to Rs.65,846/-. 9. The respondent Insurance Company is hereby directed to pay the enhanced compensation amount of Rs.58,618/- (Rupees Fifty-Eight Thousand Six Hundred Eighteen only) , within a period of Six Weeks from the date of receipt of certified copy of this order as Rs. 7,228 has already been awarded by the learned Tribunal. The amount Rs.58,618/- would carry interest @ 6% per annum from the date of filing of the claim petition till its realization. Sd/- Rakesh Mohan Pandey JUDGE Nadim