1 2025:CGHC:51546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 826 of 2019  Smt. Ritika Pandey W/o Anshuman Pandey Aged About 28 Years R/o Near Satbahaniya Temple Devrikhurd, Police Station Torva, Tahsil And District Bilaspur Chhatisgarh. (Claimant), District : Bilaspur, Chhattisgarh ... Appellant(s) versus 1. Girish Kumar Chhugani S/o Rajesh Kumar Chhugani, R/o Back Side Of Dainik Bhaskar Press Karbala, Police Station City Kotwali, District Bilaspur Chhattisgarh. (Driver Of The Vehicle Swift Car No. C.G. 10 N.B. 0008) 2. Gopal Das Chhugani S/o Late Mangat Ram Chhugani, R/o Back Side Of Dainik Bhaskar Press Karbala, Police Station City Kotwali, District Bilaspur Chhattisgarh. (Owner Of The Registered Vehicle Swift Car No. C.G. 10 N.B. 0008 3. Bajaj Allianz General Insurance Company Limited Through Branch Manager, Branch Office, 3rd Floor, Gurukripa Tower, Near Icici Bank, Vyapar Vihar Road, Tahsil And District Bilaspur Chhattisgarh. (Insurance Company Of Swift Car No. C.G. 10 N.B. 0008) ... Respondent(s) For Appellant/Claimant : Ms. Priyanka Bajpai, Advocate holding the brief of Mr. Utkal Pradhan, Advocate For Respondents : No-one appeared for respondent No. 3, though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 16.10 .2025 1. The appellant/claimant has filed this appeal for enhancement of compensation against award passed by the learned Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 566/2016 dated 17.01.2019, whereby the learned Tribunal has passed an award to the tune of Rs. 1,24,155/- with interest at the rate of 8% per annum from date of application on account of injury sustained by the claimant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.10.17 18:24:41 +0530 2 2. Facts of the present case are that on 21.04.2016 when appellant was coming back home, near Hotel Shiva Inn, Parsada, Bilaspur, the driver of offending Swift Car bearing registration No. C.G. 10 NB 0008 dashed the Scooty of the claimant/injured, consequently, she fell down and sustained injuries over various parts of body. An FIR No. 136/16 was registered against the respondent No. 1/driver of the offending vehicle. The claimant claimed a sum of Rs. 6,70,000/-. The respondents No. 1 and 2 filed reply and denied contents of claim application. 3. The Insurance company filed reply and pleaded that the offending vehicle was insured with the Insurance company for period from 29.07.2015 to 28.07.2016. It is further pleaded that the claimant was driving her Scooty without using helmet and she herself was negligent. The learned Tribunal framed issues, parties led evidence, and thereafter, award was passed. 4. Ms. Priyanka Bajpai, Advocate would submit that the learned Tribunal has not awarded just and proper compensation. She would further submit that though the claimant remained hospitalized for considerable period, but compensation has not been granted for loss of earning and on other conventional heads the learned Tribunal has not granted proper compensation. She would pray to enhance the compensation. 5. I have heard Ms. Bajpai and perused the record. 6. Perusal of the record would show that on the fateful date, the driver of the offending vehicle drove Swift car rashly and negligently and caused an accident, resultantly, injuries were sustained by the claimant. She was taken to Mahadev Hospital for primary medical aid, and later on, She was admitted in Shri Ram Care Hospital, Bilaspur. The respondents No. 1 and 2 failed to appear before the learned Tribunal. The appellant had suffered injuries over wrist of right hand and there was fracture too. There was one 3 more cut injury over left eye, but the claimant failed to examine treating Doctor. 7. The claimant submitted medical bills to the tune of Rs. 84,155/- and the learned Tribunal has honoured them. The learned Tribunal declined to grant compensation for loss of earning on the ground that the claimant was a Government servant posted to the post of Lab Technician and she failed to prove the fact that there was any loss of earning. The findings recorded by the learned Tribunal with regard to loss of earning do not require interference. 8. The learned Tribunal has awarded sum of Rs. 25,000/- for pain and suffering, Rs. 5,000/- for conveyance and Rs. 10,000/- for special diet. The learned Tribunal has not awarded compensation for future medical expenses, attendant and has awarded meager amount for pain & suffering and conveyance. 9. Taking into consideration the above discussed facts, the claimant shall be entitled for a sum of Rs. 50,000/- for pain and suffering; Rs. 10,000/- for conveyance; Rs. 20,000/- for future medical expenses and Rs. 5000/- for attendant. Sr. No Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Medical expenses Rs. 84,155/- Rs. 84,155/- 2. Pain and suffering Rs. 25,000/- Rs. 50,000/- 3. Conveyance Rs. 5,000/- Rs. 10,000/- 4. Special Diet Rs. 10,000/- Rs. 10,000/- 5. For Future Medical Expenses NIL Rs. 20,000/- 4 6. For Attendant NIL Rs. 5,000/- TOTAL Rs. 1,24,155/- Rs. 1,79,155/- 10. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 1,24,155/- awarded by the tribunal is enhanced to Rs. 1,79,155/-. Hence, after deducting the amount of Rs. 1,24,155/-, the appellant/claimant is held entitled for an additional amount of Rs. 55,000/-. The Insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order and would be at liberty to recover it from driver and owner of the offending vehicle. Rest of the conditions of impugned award shall remain intact. 11. Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant