1 2025:CGHC:61817 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1606 of 2024  Shail Devi Sao W/o Harishankar Sao Aged About 52 Years R/o Village And Post Kudekela, Police Station Chhal, Tahsil Dharamjaigarh District Raigarh Chhattisgarh At Present Near Shiv Hanuman Temple Chigrajpara, Police Station City Kotwali, Tahsil And District Bilaspur Chhattisgarh ... Appellant versus 1. Omprakash Yadaw ( Bargah ) S/o Fulsay Yadav Aged About 43 Years R/o Village Dhaudha, Nadipara Chowki, Revti, Police Station Charauda Tahsil Pratappur, District Surajpur Chhattisgarh (Driver Of The Vehicle Truck No. C.G. 29-A-4598) 2. Jitesh Rai S/o Banarasi Rai Aged About 41 Years R/o Vishrampur, Ward No. 10, Gorakhnathpur, District Surajpur Chhattisgarh (Owner Of The Vehicle Truck No. C.G. 29-A-4598) 3. United India Insurance Company Limited Through Branch Manager, Branch Office L.I.C. Building, Magarpara Road, Bilaspur, Police Station Civil Line, Tahsil And District Bilaspur Chhattisgarh (Insurer Of The Vehicle Truck No. C.G.29-A-4598) ... Respondent(s) For Appellant/injured : Mr. Anand Kesharwani, Advocate For Respondent No. 3/ : Mr. P.K. Tulsyan, Advocate Insurance Company Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 19.12 .2025 1. Heard on admission. 2. The claimant/appellant has filed this appeal against an award passed by the learned 1st Additional Motor Accident Claims Tribunal, Bilaspur passed in Claim Case No. 586/2022 dated 17.01.2024, whereby the learned Tribunal has passed an award to the tune of Rs. 1,35,353/- with interest at the rate of 9% per annum on account of injuries sustained by the claimant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.19 15:20:29 +0530 2 3. Mr. Kesharwani would submit that on 04.02.2022 claimant/Shail Devi Sao was on a walk along with Smt. Vimla Sidar, and at the same time, they were dashed by the Truck bearing registration No. CG 29 A 4598, resultantly, claimant /Shail Devi Sao sustained injuries, whereas, Vimla Sidar lost her life. Mr. Kesharwani would submit that the claimant sustained fracture over elbow of left hand. He would contend that the learned Tribunal granted compensation of Rs. 37,673/- against the medical expenses incurred in the treatment, Rs. 10,000/- for transportation, Rs. 7,000/- for special diet, Rs. 55,680/- for loss of earning, Rs. 5,000/- for attendant and Rs. 20,000/- for pain & suffering. He would contend that the learned Tribunal has not granted compensation for future medial expenses and has awarded meager compensation on conventional heads. He would pray to enhance the compensation. 4. On the other hand, Mr. P.K. Tulsyan, Advocate would submit that the claimant failed to examine treating Doctor to prove seriousness of injuries. He would contend that the learned Tribunal has granted just and proper compensation and the appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. Perusal of the record would show that the claimant suffered fracture of elbow of left hand. She remained hospitalized from 04.02.2022 to 09.02.2022. The claimant submitted medical bills to the tune of Rs. 37,673/- and the learned Tribunal has honoured all the medical bills. The learned Tribunal further awarded sum of Rs. 10,000/- for conveyance, Rs. 7,000/- for special diet, Rs. 5,000/- for attendant, Rs. 20,000/- for pain and suffering and Rs. 55,680/- for loss of income. The claimant failed to examine treating Doctor to prove the seriousness of injuries. There was fracture of elbow of left hand and the learned Tribunal considered that the 3 claimant could have not work properly for period of six months and granted a sum of Rs. 55,680/- for loss of earning. As the claimant failed to examine the treating Doctor, therefore, the contention made by Mr. Kesharwani that the learned Tribunal failed to grant compensation for future medical expenses cannot be accepted. There was a simple fracture and the learned Tribunal has granted just and proper compensation. I do not find any good ground to interfere with the award passed by the learned Tribunal. Accordingly, this appeal fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant