1 2025:CGHC:42922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2219 of 2019 1 - Pawan Kumar (Minor) S/o Rajan Kumar Paikra, Aged About 17 Years Through Natural Guardian Father Rajan Kumar S/o Gopal Paikra, Aged About 38 Years, R/o Village Bilari, Police Station And Tahsil Kasdol, District Baloda Bazar Bhatapara Chhattisgarh.............Claimant, District : Balodabazar-Bhathapara, Chhattisgarh ... Appellant Versus 1 - Shantanu Verma S/o Sudhe Ram Verma, Aged About 47 Years R/o. Village Bitkuli, Tahsil Simga, Police Station Suhela, District Baloda Bazar Bhatapara Chhattisgarh. (Driver Of The Offending Vehicle Truck No. Cg-04-Jc- 3445................Non-Applicant, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Topendra Kumar Dewangan S/o Aish Ram Dewangan, Aged About 26 Years R/o Kankalipara, Near Jai Stambh Chowk, Ward No. 13, Simga, Tahsil Simga, Police Station Simga, District Baloda Bazar Bhatapara Chhattisgarh (Owner Of The Offending Vehicle Truck No. Cg-04-Jc-3445)...............Non-Applicant, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Branch Manager, The New India Insurance Company, Branch Office First Floor, Above Union Bank, Ambedkar Chowk, Baloda Bazar, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. (Insurer Of The Offending Vehicle Truck No. Cg-04-Jc-3445)................Non-Applicant, District : Balodabazar-Bhathapara, Chhattisgarh 4 - Shivam Sharma S/o Chandrashekhar Sharma, Aged About 24 Years R/o. Ward No. 16, Baniyapara, Station Road, Tilda, Tahsil Tilda, District Raipur Chhattisgarh. (Present Owner Of The Offending Vehicle)..............Non-Applicant, District : Raipur, Chhattisgarh SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 5 - Smt. Pratibha Sharma W/o Chandrashekhar Sharma, Aged About 45 Years R/o. Ward No. 16, Baniyapara, Station Road, Tilda, Tahsil Tilda, District Raipur Chhattisgarh. (Present Owner Of The Offending Vehicle)..............Non-Applicant, District : Raipur, Chhattisgarh ... Respondents For Appellant : Mr. Rakesh Kumar, Advocate on behalf of Mr. Pushpendra Patel, Advocate For Respondent No. 3 : Mr. Anil Gulati, Advocate For Respondents No. 4 & 5 : Mr. Praveen Dhurandhar, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 25/08/2025 1. Appellant/Claimant filed this appeal seeking enhancement of the amount of compensation awarded by the learned Claims Tribunal in its award dated 13.08.2019 passed by the Motor Accident Claims Tribunal, Balodabazar-Bhatapara, District – Balodabazar-Bhatapara (C.G.) in Claim Case No. 103/2018. 2. Motor-accidental injuries suffered by the appellant, involvement of offending vehicle, Respondent No. 3/Non-Applicant No. 3 to be insurer of the offending vehicle and liability to satisfy the amount of compensation upon Non-Applicant No. 3/Insurance Company is not in dispute, hence, this Court is not adverting to the facts as pleaded in the claim application, reply and discussed by the Tribunal in the impugned award. However, this Court is only considering the grounds raised by the counsel for appellant seeking enhancement of the amount of compensation and submissions of counsels for the respective parties in this regard. 3. Learned counsel for the appellant would submit that the learned Claims Tribunal has awarded meagre amount of compensation to the claimant in the facts of the case. The Claims Tribunal has not awarded 3 compensation towards the attendant, conveyance and the grievous injury suffered by him apart from the compensation awarded under the other heads. 4. Learned counsel for respective Respondents opposes the submission made by counsel for the appellant and would submit that the learned Claims Tribunal has awarded just amount of compensation in the facts of he case which does not call for any interference. 5. I have heard learned counsel for the parties and perused record of claim case. 6. Perusal of the records of the claim case would show that the claimant suffered injuries over his person in motor accident. He remained admitted in hospital from 15.12.2016 to 22.12.2016 for about 08 days, age of the appellant/claimant at the time of accident was 16 years. In the aforementioned facts of the case, he might have been attendant by some person during course of treatment as also, for sometime after his discharge. However, learned Claims Tribunal has not awarded compensation under the head of attendant. Considering the facts of the case, date of accident i.e. 15.12.2016 and the minimum-wages fixed by the competent authority and prevailing within the State of Chhattisgarh, I find it appropriate to award Rs. 5,000/- towards attendant. It is ordered accordingly. 7. The Claims Tribunal has not awarded compensation towards conveyance expenses. Claimant is a resident of Village Bilari, P.S. & Tehsil – Kasdol, District – Balodabazar-Bhatapara whereas, he took treatment in Narayana Hospital Raipur, the family member/attendant may have visited there from during treatment of the appellant at Raipur and therefore, considering entirety of the facts of the case, I find it 4 appropriate to award Rs. 10,000/- towards conveyance expenses and other expenses incurred by the family members during the period of treatment. 8. So far as the other ground raised by the counsel for the appellant that the learned Claims Tribunal erred in awarding meagre amount of compensation under the head of medical expenses is less. Perusal of the records would show that the counsel for appellant could not able to point out the Claims Tribunal while computing the amount of compensation under the above head has escaped consideration of any of the documents placed on record towards the medical expenses. Therefore, the compensation awarded under the head of medical expenses is just and proper and does not call for any interference. The amount of compensation awarded under the other heads is also just and proper and does not call for any interference. 9. For the foregoing reason, this Court proposes to recalculate the amount of compensation payable to the appellants. S. No. Heads Compensation 1. Medical Expenses : Rs. 1,20,399/- 2. Pains and sufferings : (+) Rs. 10,000/- 3. Attendant : (+) Rs. 5,000/- 4. Special diet : (+) Rs. 10,000/- 5. Conveyance Expenses : (+) Rs. 10,000/- Total Compensation : Rs. 1,55,399/- 10. Now, the Appellant/Claimant is awarded total compensation of Rs. 1,55,399/-. The enhanced amount of compensation shall carry interest @ 8% from the date of filing of claim application till its realization. Rest of the conditions mentioned in the impugned award shall remain intact. 5 11. Any amount already paid to Claimant/Appellant as compensation shall be adjusted from the total amount of compensation as calculated above. 12. In the result, the appeal filed by the Appellant is allowed and the impugned award is modified to the extent as mentioned above. 13. Certified copy as per rules. Sd/-d/--/-/--------/--/- (Parth Prateem Sahu) Judge Dey