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2025 DAILYLAW 57041 (CHH)

UTTAM PRASAD SINHA v. REMESHWAR SINGH

MAC/547/2022 · 2025-12-16

Shri Sanjay K Agrawal

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Judgment text

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Page No.1 of 3 IN MAC-547-2022 2025:CGHC:61572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 547 of 2022 [Arising out of award dt. 08.11.2021, passed in Claim Case No.81/2019 (Uttam Prasad Sinha v. Rameshwar Singh and others) by the 1st Addl. Motor Accident Claims Tribunal, Janjgir-Champa (CG)] Uttam Prasad Sinha S/o Nand Ram Sinha, Aged About 40 Years R/o Hasaud, Thana Hasaud, Tahsil Jaijaipur, District Janjgir Champa (Chhattisgarh), District : Janjgir-Champa, Chhattisgarh ... Appellant Versus 1 - Rameshwar Singh S/o Shiv Kumar Kanwar, Aged About 28 Years R/o Hathnevra, Thana And Tahsil Champa, District Janjgir Champa (Chhattisgarh) (Driver Of The Offending Vehicle Truck No. C.G.04/j./5229)., District : Janjgir-Champa, Chhattisgarh 2 - M/s Pankaj Oxygen Limited, Through Branch Office, Industrial Area Urla District Raipur (Chhattisgarh)..............(Owner Of The Offending Vehicle Truck No. C.G.04/j./5229)., District : Raipur, Chhattisgarh 3 - National Insurance Company Limited, Through Branch Manager, National Insurance Company Limited, Branch Office Main Road Champa Janjgir, District Janjgir Champa (Chhattisgarh).......... (Insurer Of The Offending Vehicle Truck No. C.G.04/j./5229), District : Janjgir-Champa, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Vikas Kumar Pandey, Advocate For Respondents No.2 : Mr. Vipin Singh, Advocate For Respondent No.3 : Mr. Raj Awasthi, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 3 IN MAC-547-2022 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 17.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 08.11.2021, passed in Claim Case No.81/2019 (Uttam Prasad Sinha v. Rameshwar Singh and others) by the 1st Addl. Motor Accident Claims Tribunal, Janjgir-Champa (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.4,43,978/- as compensation to the appellant-claimant for the injuries sustained by him in the accident occurred on 22.11.2018. 2. Learned counsel appearing for the parties jointly submit that in addition to the amount awarded as compensation by the learned Claims Tribunal, the appellant/claimant is further entitled for a sum of Rs.55,000/- (Rupees Fifty Five Thousand Only) and, as such, the amount of compensation be enhanced accordingly. 3. The aforesaid submission is taken on record. 4. In view of the aforesaid analysis, the amount of compensation of Rs.4,43,978/- awarded by the Claims Tribunal is enhanced to Rs.4,98,978/-. Hence, after deducting the amount of Rs.4,43,978/-, the appellant is held entitled for an additional amount of Rs.55,000/-. The concerned respondents are directed to deposit the Page No.3 of 3 IN MAC-547-2022 amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 5. 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 s@if