1 2025:CGHC:50184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1286 of 2018 1 - Ramswaroop Nishad @ Ballu Nishad, S/o Lalji Nishad Aged About 43 Years R/o Champaran, Bhatapara Chowki Champaran Thana, Gobra Navapara, Rajim District Raipur Chhattisgarh. ( Claimant ), District : Raipur, Chhattisgarh ... Petitioner(s) versus 1 - Subhash Yadav S/o Shankarlal Yadav Aged About 25 Years R/o Pokhra School Para, Post Parsada, Thaha Rajim, District Gariyaband Chhattisgarh. ( Driver Of Maruti Car Bearing No. C G/04/d.V. / 4005 ), District : Gariyabandh, Chhattisgarh 2 - Shankar Yadav S/o Hublal Yadav, Aged About 46 Years R/o Pokhra School Para, Post Parsada, Thana Rajim District Gariyaband Chhattisgarh. ( Owner Of Maruti Car Bearing No. C G/04/d.V. / 4005 ), District : Gariyabandh, Chhattisgarh 3 - National Insurance Company Limited, Through Branch Manager, Divisional Office, 2nd Floor, Mobin Mahal, Lalganga Shopping Mall, G E Road Raipur Chhattisgarh. ( Insurer Of Maruti Car Bearing No. C G/04/d.V. / 4005 ), District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Sangeet Kumar Kushwaha, Advocate For Respondent No.3 : Mr,. G. V. K. Rao, Advocate ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 08.10.2025 1. This appeal has been filed by the appellant being aggrieved by the award dated 19.02.2018 passed by the 6th Additional Motor Accidents Claims Tribunal, Raipur, District Raipur (Chhattisgarh), presided over by Shri Leeladhar Sarthi, in Claim Case No. 550/2017 (Annexure A- 1), the appellant hereby prefers this appeal. 2. As per claim application, the appellant/claimant filed a claim application under Section 166 of the Motor Vehicles Act, 1988 (hereinafter "the Act"), seeking compensation for injuries sustained in a motor vehicle accident that occurred on 14.01.2016. It was averred that on the said date, the appellant was standing by the roadside near Jogi Temple when the respondent No.1, driving the Maruti car bearing registration No. C.G./04/D.V./4005 (the offending vehicle), drove the vehicle rashly and negligently, striking the appellant and causing grievous injuries, including fractures, to various parts of his body. The appellant was initially treated at C.H.C. Hospital, Abhanpur, where an X-ray was conducted and the fractured bones were fixed with rods; his treatment is ongoing, resulting in permanent disability. At the time of the accident, the appellant was approximately 43 years old and was earning Rs. 300 per day as a laborer at Mahavir Rice Mill, along with an additional income of Rs. 300-400 per day from selling vegetables. Consequently, the appellant claimed Rs. 47,20,000/- as compensation under various heads. Notices were duly issued, and the respondents filed written statements denying the allegations. 3 Respondent No.3 contended that respondent No.1, the driver, did not possess a valid and effective driving license and that there was no valid permit for the vehicle, resulting in a breach of the insurance policy. Both parties led evidence in support of their respective claims and defenses. However, the learned Tribunal, without properly appreciating the material on record and the facts and circumstances, awarded a meager compensation amount of Rs. 25,000/-, which has compelled the appellant to file the present appeal.. Aggrieved, the appellant has preferred this appeal. 3. The Tribunal, upon careful scrutiny of the evidence presented and after hearing the arguments advanced by the parties, formulated substantive issues for determination. Following a comprehensive evaluation of the material on record, the Tribunal concluded that the claim was only partially substantiated and consequently awarded compensation amounting to Rs. 25,000/- to the appellant, along with interest at the rate of 7.5% per annum, payable from 17.08.2017, holding the respondents jointly and severally liable for the said amount. 4. The appellant respectfully submits that The award passed by the Learned Tribunal is patently erroneous, contrary to the facts, circumstances, and evidence on record, and is therefore bad in law and liable to be set aside. The Tribunal committed a grave error in awarding only Rs. 25,000/- as compensation, which is shockingly inadequate and disproportionate to the injuries and losses suffered by 4 the appellant. Furthermore, the Tribunal erroneously fixed the appellant’s income at Rs. 6,000/- per month despite clear and uncontroverted evidence on record demonstrating that the appellant’s actual income exceeded Rs. 20,000/- per month, thereby resulting in a manifest miscarriage of justice. The learned Tribunal also failed to properly appreciate the evidence and erred in awarding meager compensation under other relevant heads such as medical expenses, pain and suffering, future prospects, and loss of amenities, thereby adopting an arbitrary approach contrary to settled legal principles and judicial precedents. The impugned award is thus based on conjecture and surmise, lacks proper application of law, and is perverse, necessitating interference and revision by this Hon’ble Court to ensure just and equitable relief to the appellant. 5. On the other hand, the learned counsel appearing on behalf of the respondent insurance company supports the impugned award, contending that the compensation granted to the injured appellant is fair, reasonable, and in accordance with the law, and therefore does not warrant any interference by this Court. 6. I have heard the learned counsel for the parties, considered their rival submissions and perused the documents available on record. 7. Considering the facts and circumstances of the case at hand, the amount granted by the trial Court is on the lower side, further keeping in mind the injury sustained by injured, she was advised for bed rest, further she suffered pain & suffering and the amount in respect of 5 Special diet would require to be enhanced as such the award is modified to the extent :- Sn. Heads Calculation 01 For Treatment Rs.50,000/- 02 For Healthy Diet Rs.25,000/- 03 For Pain & Suffering Rs.50,000/- 04 For Future Treatment Rs.50,000/- Total Rs.1,50,000/- 8. The amount of compensation of Rs.25,000/- awarded by the tribunal is enhanced to Rs.1,50,000/-. Hence, after deducting the amount of Rs.25,000/-, the claimant is held entitled for an additional amount of Rs.1,25,000/-, the additional amount shall carry interest @ 8% per annum from the date of filing of the appeal within the period of 60 days. Rest of the terms and conditions of the Tribunal award remain intact. 9. Accordingly, the appeal is allowed in part. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Saxena