1 2025:CGHC:61495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 354 of 2021 1. Mangalu Ram Son Of Nanki Ram Aged About 45 Years R/o. Near Main Club, Rajgamar, Police Station Balconagar, Tahsil And District Korba (Chhattisgarh) 2. Ku. Tanisha D/o. Shri Mangalu Ram Aged About 6 Years Minor Through Natural Guardian Father Manglu Ram Son Of Nanki Ram, R/o. Near Main Club, Rajgamar, Police Station Balconagar, Tahsil And District Korba (Chhattisgarh) ... Appellants versus 1. Sumit Ram Rathiya Son Of Chain Singh Rathiya Aged About 25 Years R/o. Village Mouhar, Post Rajgamar, Tahsil And District Korba (Chhattisgarh) 2. The Oriental Insurance Company Limited Branch Korba, District Korba (Chhattisgarh) 3. Satish Kumar Son Of S. Lal Aged About 38 Years R/o. Village Semipali, Tahsil And District Korba (Chhattisgarh) ... Respondent(s) For Appellants : Mr. Ashutosh Shukla, Advocate For Respondent No. 2 : Ms. M. Asha, Advocate For Respondent No. 3 : Ms. Ananya Chatterjee, Advocate holding the brief of Mr. Rishi Rahul Soni, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.12 .2025 1. Heard on admission. 2. With the consent of the parties matter is heard finally. 3. The claimant has filed this appeal for enhancement of compensation against an award passed by the learned Additional Motor Accident Claims Tribunal (FTC), Korba, District Korba in Claim Case No. 56/2014 dated SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.19 14:16:01 +0530 2 29.01.2021, whereby the learned Tribunal has granted compensation to the tune of Rs. 25,409/- with interest at the rate of 6% per annum on account of injuries sustained by claimant. 4. Mr. Shukla would submit that on 24.11.2013 at around 4:30 pm, the driver of offending motorbike bearing registration No. CG 12 M 3340 by driving it rashly and negligently dashed the claimant (aged about 4 years), resultantly, she sustained injuries including fracture of tibia fibula bone. He would contend that the claimant was hospitalized and she remained in bed for period of one month. He would contend that at the time of accident age of the claimant was 4 years, therefore, she could not express pain and suffering properly. He would submit that the learned Tribunal has awarded meager amount on conventional heads. He would pray to enhance the compensation. 5. On the other hand, learned counsel appearing for respondents would oppose. Ms. M. Asha, Advocate appearing for Insurance Company would submit that learned Tribunal has granted just and proper compensation. She would contend that the learned Tribunal has granted a sum of Rs. 4409/- against the medical expenses incurred in treatment; Rs. 6000/- for attendant; Rs. 2000/- for conveyance; Rs. 10,000/- for pain and suffering and Rs. 3000/- for special diet. She would submit that the appeal deserves to be dismissed. 6. I have heard learned counsel for the parties and perused the record with utmost circumspection. 7. The claimant aged about 4 years sustained fracture over right leg and remained in bed from 24.11.2013 to 20.01.2014. As the claimant was a minor girl of tender age, thus, it can presumed that she did not express pain and suffering and other problems properly. The learned Tribunal 3 honoured the medical bills presented by the claimant to the tune of Rs. 4409/- Further, learned Tribunal granted sum of Rs. 6,000/- for attendant which appears to be proper. The amount awarded by the learned Tribunal for transportation, pain and suffering and special diet requires modification. Accordingly, amount of transportation is enhanced from Rs. 2000/- to 5000/-, the compensation towards pain & suffering is enhanced from Rs. 10,000/- to Rs. 30,000/- and compensation granted for special diet is enhanced from 3000/- to 5000/-. Thus, the claimant shall be entitled to get and additional sum of Rs. 25,000/- with interest at the rate of 6%. The Insurance Company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. Rest of the conditions of impugned award shall remain intact. 8. Accordingly, the instant appeal is party allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant