1 2025:CGHC:18245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 286 of 2017 1 - Deleted Itwar Singh (Died) Hon’ble Court Order Dated 06/12/2023. 1.1 - A. Smt. Bachanbai Wd/o Late Itwar Singh Aged About 52 Years R/o Village Potapani, Tahsil Pali, District Korba Chhattisgarh. 1.2 - B. Devkumari D/o Late Itwar Singh Aged About 18 Years R/o Village Potapani, Tahsil Pali, District Korba Chhattisgarh. ... Appellants versus 1 - Rajendra Rao S/o Gulab Rao, Aged About 35 Years R/o Pulali Kala Tahsil Pali District Korba, Chhattisgarh ............………...(Driver) 2 - Smt. Balvinder Kaur W/o Lakhvindar Pal Singh, R/o Q.No.B-72, Vikas Nagar Kusmunda District Korba, Chhattisgarh ............(Owner) 3 - The Branch Manager, The Oriental Insurance Company Limited, D Commercial Complex T.P.Nagar Korba, District Korba, Chhattisgarh .......……………………………………………….........(Insurer) ---- Respondents For Appellants/Claimants : Mr. Praveen Dhurandhar, Advocate. For Respondent No.3 : Mr. Hanuman Prasad Agrawal Advocate. For Respondents No.1 & 2 : None Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2025.04.25 17:15:40 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (22.04.2025) 1. This appeal arises out of the award dated 30.09.2016 passed by Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.), in MACT No. 18/2013 awarding compensation of Rs.2,00,000/- with interest @ 7% per annum, in favour of the claimant for his irreparable loss. 3. During pendency of the appeal, Injured/Claimant Itwar Singh died on 07.09.2021. Hence, his legal representatives (wife and son) contesting the appeal. 3. The averment in the claim petition, is that on 09.02.2012, injured Itwar Singh was traveling in bus bearing Registration No. CG- 12-ZA-0124 (offending vehicle), Respondents No.1 drove the bus rashly and negligently, due to which near Dhaurabhata, the offending vehicle overturned, as a result Itwar Singh sustained grievous injuries and he was admitted in a hospital. It is stated that on the date of the accident, age of the injured was 42 years, he was a labour and agriculturist and was earning Rs. 500/- per month from his work. Due to said accident, there is an irreparable loss to the injured/claimant. Therefore, the claimant had preferred an application under Section 166 of the MV Act before the Tribunal claiming compensation to the tune of Rs. 8,60,000/-. 4. The Claims Tribunal, after considering the evidence and documents available on record has awarded total compensation of Rs.2,00,000/- in favour of the claimant with interest @ 7% per 3 annum, from the date of application till its realization. Hence, this appeal is for enhancement. 5. Learned Counsel appearing for the Appellants/Claimants submits that the amount of compensation awarded by the Claims Tribunal is too meager. He further submits that looking to the fractures sustained by the injured on his left leg and left hand, the amount of compensation deserves to be enhanced suitably. 6. On the other hand learned Counsel appearing for the insurance company submits that the amount of compensation awarded by the Claims Tribunal is just and proper and requires no interference. 7. Heard learned counsel appearing for the parties and perused the record. 8. In a motor accident claim case, what important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a Bonanza. 9. Now, this Court shall examine as to whether the compensation awarded by the Claims Tribunal is just and proper compensation in the given facts and circumstances of the case. 10. The Claims Tribunal on a close scrutiny of facts and 4 evidence brought on record in paragraph 13 of its award discussed that the injured has submitted only medical reports Ex.A-07 and Ex.A-08, which mention that the injured had suffered serious fractures in his hand and leg. Other than this, the injured has not submitted any prescription or medical bills related to the treatment. According to the medical report (Ex.P-9) by Dr. P.P. Singh, the injured has been declared to have 98% permanent disability in his left leg. Therefore, the Claims Tribunal estimated expenditure of Rs. 50,000/- for the treatment, Rs. 50,000/- for permanent disability, Rs. 25,000/- towards physical and mental agony, Rs. 50,000/- towards loss of earnings and an additional amount of Rs. 25,000/- was awarded for future expenses likely to be incurred. Thus, the Claims Tribunal has awarded total compensation of Rs. 2,00,000/- in favour of the injured/claimant. 11. The injured Itwar Singh died during the pendency of this appeal. This Court does not find any ground for enhancement of the compensation as awarded by the Claims Tribunal. Hence, the appeal being devoid of merit deserves to be and is accordingly dismissed. 12. Records of the Tribunal along with a copy of this order be sent back forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham