(MAC No.537/2017) 2025:CGHC:52772 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 537 of 2017 {Arising out of award dated 3-12-2016 passed by the Motor Accident Claims Tribunal, Baikunthpur, District Koria in Motor Accident Claim Case No.20/2015} Gora Chand, S/o Shri Kartik Ram, Aged about 40 years, Occupation Service, R/o Village Vivekanand Colony, Characha Colliery, Police Station Characha, Tahsil Baikunthpur, Civil & Revenue District Koria, Chhattisgarh (Claimant) ... Appellant versus 1. Jai Prakash Yadav, S/o Shri Suneshwar Prasad Yadav, Aged about 21 years, R/o Raghunathpur, Sakarapara, District Balrampur, Chhattisgarh, At Present R/o Village Nayanpur, Police Station & Tahsil Surajpur, Civil & Revenue District Surajpur, Chhattisgarh (Driver of the offending Vehicle Truck No.CG-15/AC-1613) 2. Shiv Narayan Agrawal, S/o Shri Laxmi Narayan Agrawal, Aged about 58 years, R/o M.G. Road, Ambikapur, Police Station & Tahsil Ambikapur, Civil & Revenue District Sarguja, Chhattisgarh (Owner of the offending Vehicle Truck No.CG-15/AC-1613) 3. The Oriental Insurance Company Limited, Through the Branch Manager, Branch Office Main Road Surajpur, Police Station & Tahsil Surajpur, Civil & Revenue District Surajpur, Chhattisgarh (Insurer of the offending Vehicle Truck No.CG-15/AC-1613) ... Respondents For Appellant : Mr. Vishwanath Shriwas, Advocate. For Respondent No.3 : Ms. Shristi Upadhyay, Advocate on behalf of Mr. Ghanshyam Patel, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.10.30 10:36:10 +0530 (MAC No.537/2017) Judgment on Board 29/10/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellant herein/ claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 3-12-2016 passed by the Motor Accident Claims Tribunal, Baikunthpur, District Koria in Motor Accident Claim Case No.20/2015, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,13,486/- along with interest @ 6% per annum as compensation for the injury suffered by the appellant herein/claimant. 2. Mr. Vishwanath Shriwas, learned counsel appearing on behalf of the appellant herein/claimant, would submit that for the injury suffered by the appellant in an accident which took place on 26-1- 2014, the Claims Tribunal has awarded an amount of ₹ 1,13,486/- as compensation which is not just and proper, therefore, it be enhanced suitably. 3. Ms. Shristi Upadhyay, learned counsel appearing on behalf of the Insurance Company/respondent No.3 herein, would oppose the appeal and support the impugned award. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. Page 3 of 3 (MAC No.537/2017) 5. After considering the submissions and on going through the record, I am of the considered opinion that the appellant is entitled for compensation as below:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Loss of earning NIL ₹ 5,163 x 7 = ₹ 36,141/- 2. Special Diet NIL ₹ 10,000/- 3. Attendant charges NIL ₹ 10,000/- 4. Transportation NIL ₹ 10,000/- 5. Medical Bills ₹ 98,486/- ₹ 98,486/- 6. Pain & Suffering ₹ 10,000/- ₹ 10,000/- 7. Future Medical Expenses ₹ 5,000/- ₹ 5,000/- Total ₹ 1,13,486/- ₹ 1,79,627/- 6. In view of the aforesaid analysis, the amount of compensation of ₹ 1,13,486/- awarded by the Claims Tribunal is enhanced to ₹ 1,79,627/-. Hence, after deducting the amount of ₹ 1,13,486/-, the appellant is held entitled for an additional amount of ₹ 66,141/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 9-4-2015 till its realisation. 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 Soma