1 2025:CGHC:61613 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1612 of 2017 1 - Mohd. Sadaf Khan S/o Shri Mohd. Saml Khan, Aged About 27 Years R/o Village Keruwa, Police Station- Giriyak, District Nalanda, Bihar, At Present R/o Haldi Badi Chirmiri, Tahsil And P. S. Khadgawa, Civil District And District Korea- Baikunthpur, Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1 - Bhupinder Singh S/o S/o Shri Tej Singh, Aged About 47 Years R/o Village Chandamari Kohima Nagaland, Permanent R/o 20, Bhukelash Road, P. S. Iqbalpur, District Kolkutta, West Bengal. Owner Of Trellor No. N. L. 01/ D /8519, West Bengal 2 - Mohd. Sabir Hussain, S/o Shri Sahabuddin, Aged About 47 Years R/o Village Keruwa, Police Station Giriyak, District Nalanda Bihar. Driver Of Trellor No. N. L. 01/ D /8519, District : Nalanda, Bihar 3 - Reliance General Insurance Company Ltd. Through Branch Manager, Branch Office At Oswal Chamber, I I Nd Floor, Church Lane, Kolkatta, West Bengal., District : Kolkata, West Bengal ... Respondent(s) For Petitioner(s) : None. For Respondent No.3 For Respondents No.1 & 2 : : Mr. Sourabh Sharma, Advocate None. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 17/12/2025 ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the award dated 22.08.2017 passed by the First Additional Motor Accident Claims Tribunal, Manendragah District Koriya (C.G.), in Claim Case No.137 of 2014 whereby compensation of Rs.62,053/- with interest @ 7% per annum, in favour of the appellant/claimant has been awarded. 2. Brief facts of the case :- The Appellant/Claimant, Mohd. Sadaf Khan, an injured victim of a motor vehicle accident, had filed a claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs. 9,40,000/- along with applicable interest from the date of filing, on various heads arising out of an accident that occurred on 19.03.2010. The accident took place at about 10:00 p.m. when the appellant was travelling as a khalasi in a trailer bearing Registration No. N.L.-01/D/8519, which, while proceeding from Kharagpur to Udaipur after loading a machine, collided with a stationary trailer bearing Registration No. JH-09/G-4405 near Dhanbad due to the rash and negligent driving of Respondent No. 02. As a result of the said accident, the appellant sustained grievous injuries, including fracture of the right knee and severe injuries to other parts of the body, leading to prolonged hospitalization and multiple surgical interventions at PMCH, Dhanbad, Muskan Hospital, Ramnagar, and Ladikar Hospital under the treatment of Dr. U.K. Sahu and Dr. Prakash Ladikar, the latter of whom was examined before the Tribunal. Despite 3 undergoing major surgeries between 2010 and 2012, the appellant suffered permanent disability on account of shortening of the right leg by 1½ inches. The Learned Additional Motor Accident Claims Tribunal, Manendragarh, by impugned award dated 22.08.2017 passed in Claim Case No. 137/2014, held that the accident occurred due to the rash and negligent driving of the offending vehicle, but exonerated the Insurance Company on the ground of non-proof of insurance and awarded a meagre compensation of Rs. 62,053/- with interest @ 9% per annum from the date of filing of the claim petition i.e. 23.01.2012, payable jointly and severally by Respondent Nos. 01 and 02. Being aggrieved and dissatisfied with the inadequate compensation awarded, the appellant has preferred the present appeal seeking enhancement of the claim amount. 3. The tribunal has awarded a sum of Rs.10,000/- towards Mental Agony, Rs.29,053/- towards medical expenses, Rs.18,000/- towards loss of income of three months, Rs.5,000/- towards transportation, assistant and special diet. Thus, a total compensation of Rs.62,053/- has been awarded in favor of the appellant/claimant. 4. Learned counsel appearing for the Insurance Company submits that the Claims Tribunal has awarded a sum of Rs. 62,053/-, which is strictly in accordance with law and does not call for any interference. It is further contended that the compensation 4 awarded by the Tribunal is on the higher side and, therefore, the present appeal is devoid of merit and is liable to be dismissed. 5. I have heard learned counsel for the parties and perused the material available on record. 6. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 7. Now this Court shall examine as to whether the compensation of awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 8. The Hon’ble Supreme Court in the matter of Hare Krushna Mahanta vs. Himadari Sahu & Another reported in 2025 SCC Online SC 262 has observed as under:- “9. We have heard the learned counsel for the parties. It is borne from the record that the Claimant-Appellant had agreed on the additional consolidated sum granted by the High Court. It is imperative for this Court, however, to reiterate that despite such consent, the objective when granting compensation under the Motor Vehicles Act, 1988, is to ensure just and fair compensation is paid to the aggrieved party. This came to be reiterated by this Court 5 recently in Meena Devi v. Nunu Chand Mahto reported in (2023) 1 SCC 204, wherein it was observed:” "17. The Tribunal/Court ought to award "just" compensation which is reasonable in the facts relying upon the evidence produced on record. Therefore, less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount." 9. Considering the facts and circumstances of the case, and having due regard to the nature and extent of the injuries sustained by the injured claimant i.e. Fracture, this Court deems it appropriate to enhance the compensation awarded under the heads of special/healthy diet, transportation, attendant charges, future treatment and pain and suffering. Accordingly, the award stands modified to the aforesaid extent as under:- Sn. Heads Calculation 01 For Treatment Rs.29,053/- 02 For Healthy Diet Rs.25,000/- 03 For Pain & Suffering Rs.50,000/- 04 For Attendant Rs.10,000/- 05 For Transportation Rs.10,000/- 06 Loss of Treatment Rs.10,000/- Total Rs.1,34,053/- 10. The amount of compensation of Rs.62,053/- awarded by the tribunal is enhanced to Rs.1,34,053/-. Hence, after deducting the amount of Rs.1,34,053/-, the claimant is held entitled for an additional amount of Rs.72,000/-, the additional amount shall 6 carry interest @ 7% per annum from the date of appeal within the period of 60 days. Rest of the terms and conditions of the Tribunal award remain intact. Sd/- (Amitendra Kishore Prasad) Judge Saxena