1 2025:CGHC:61285 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1185 of 2023 Ramu Kushwaha S/o Late Ramratan Kushwaha, Aged About 41 Years R/o Near Old Post Office, Dayalband, Police Station City Kotwali, District Bilaspur (Chhattisgarh) ... Appellant versus 1 - Shubham Sharma S/o Rakesh Sharma, Aged About 23 Years R/o Village Bundeli, Police Station Tendurkona, District Mahasamund (Chhattisgarh)..........(Driver Of Alleged Vehicle Car Bearing Registration No. C.G.04-HK-9062) 2 - Abhishek Sharma S/o Laxminarayan Sharma, Aged About 36 Years R/o House No. B-8, Gulmohar Watika, New Purena, Mahavir Nagar Raipur District Raipur Chhattisgarh..........(Owner Of Alleged Vehicle Car Bearing Registration No. C.G.04-HK-9062) 3 - Branch Manager, Bhartiya Exa Life Insurance, Address- Bus Stand Bharti Nagar, Shop No. 414, Third Floor, Karbala Road, Near Old Bus Stand, Police Station City Kotwali, Bilaspur District Bilaspur (Chhattisgarh).........(Insurer Of Alleged Vehicle Car Bearing Registration No. C.G.04-HK-9062) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.17 11:12:39 +0530 2 For Appellant : Mr. C. K. Sahu, Advocate For Respondent No. 3 : Ms. Mamta Mahilang on behalf of Mr. Anshul R. Shrivastava, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 16.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant, seeking enhancement of compensation, challenging the impugned award dated 20/12/2022 passed by learned 6th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 687/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 1,48,200/- as compensation to the the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant submits that on account of the accident, appellant suffered fractures on his left leg and remained hospitalized for seven days and since he worked as a Driver, he was unable to work on account of the injuries sustained by him, as such, the compensation amount awarded by the Claims Tribunal is on the lower side and may suitably be enhanced. 3 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the impugned award would show that learned Claims Tribunal has granted a sum of Rs. 20,000/- under physical and mental agony, Rs. 10,000/- for nutritious food, Rs. 10,000/- for attendant’s fees, Rs. 10,000/- for transportation expenses, Rs. 43,200/- for loss of earning capacity and Rs. 55,000/- for medical expenses, thereby, granting a total compensation of Rs. 1,48, 200/- in favour of the appellant/claimant, however, looking to the fact that appellant worked as a driver and on account of the accident, he sustained fractures in his left leg and remained hospitalized for 7 days, I deem it appropriate to grant additional compensation of Rs. 50,000/- in favour of the appellant/claimant, which shall be paid by respondent No. 3 within 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of the claim application i.e. 27/06/2019 till the date of its 4 realization. The rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet