Page No.1 of 3 IN MAC-1466-2022 2025:CGHC:57547 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1466 of 2022 [Arising out of award dt. 23.09.2022, passed in Claim Case No.956/2021 (Dinesh Toppo v. Mansingh and others) by the 5th Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] Dinesh Toppo S/o Sahdev Toppo Aged About 35 Years R/o Village Lamdand Post Mamkera, Police Station And Tahsil Tamnar, District Raigarh (C.G.) ... Appellant Versus 1 - Mansingh S/o Raviram R/o Village Nawadeeh, Nawapara, Police Station Pali, District Korba (C.G.) (Driver Of The Vehicle Trailer No. Cg 12 Au 4876) 2 - M/s Bajrang Realcon And Transport Address 73, Ward No. 04, Main Road, Korba District Korba (C.G.) (Owner Of The Vehicle Trailer No. Cg 12 Au 4876) 3 - The New India Insurance Company Limited Through Branch Manager Branch Office 3rd Floor, Rama Trade Center, In Front Of Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur (C.G.), (Insurer Of The Vehicle Trailer No. Cg 12 Au 4876) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Anand Keshwarwani, Advocate For Respondent-3 : Mr. Sourabh Gupta, Advocates ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 26.11.2025 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-1466-2022 challenging the impugned award dt. 23.09.2022, passed in Claim Case No.956/2021 (Dinesh Toppo v. Mansingh and others) by the 5th Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.5,46,200/- as compensation alongwith interest @ 7% PA from the date of claim, for the injuries sustained by the appellant in the accident occurred on 10.11.2020. 2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present case. The appellant remained hospitalized for 01 month and has suffered serious injury in the accident occurred on 10.11.2020, however, the learned tribunal has only awarded compensation to the tune of Rs.5,46,200/-, which is not just and proper. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the Tribunal is justified in assessing the compensation awarded to the appellant. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. Therefore, the present appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. Page No.3 of 3 IN MAC-1466-2022 5. In the case at hand, learned Claims Tribunal after appreciating the oral and documentary evidence available on record, proceeded to award total compensation of Rs.5,46,200/- alongwith interest @ 7% PA from the date of claim, which under the peculiar facts and circumstances of the present case, where the appellant suffered serious injuries and, for which, he remained hospitalized for a period of 01 month, is not just and proper. Therefore, in the considered opinion of this Court, an additional amount of Rs.1,00,000/- is liable to be awarded to the appellant. 6. Consequently, the amount of compensation of Rs.5,46,200/- awarded by the Claims Tribunal is enhanced to Rs.6,46,200/-. Hence, after deducting the amount of Rs.5,46,200/-, the appellant is held entitled for an additional amount of Rs.1,00,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. sd/- (Sanjay K. Agrawal) Judge s@if