1 2025:CGHC:60936 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR MAC No. 2093 of 2024 Omprakash S/o Saukhilal Prajapati Aged About 20 Years R/o Bartori Road, Ward No. 01, Shastri Nagar, Bilha, District : Bilaspur, Chhattisgarh. ... Appellant versus 1 - Mathura S/o Vasudev Netam Aged About 52 Years R/o Village Dhaurabhatha, Police Station- Hirri, District Bilaspur, Chhattisgarh. (Driver of The Vehicle). 2 - Kunal Rajpal S/o Bahadur Singh Rajpal R/o Punjabi Colony, Bilha, Tahsil Bilha, District Bilaspur, Chhattisgarh. (Owner of The Vehicle). 3 - The New India Insurance Company Limited Through Branch Manager, Branch office- 2nd Floor, Rama Trade Centre, In Front of Rajiv Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh, (Insurer of The Vehicle). ... Respondent(s) For Appellant : Mr. Anand Kesharwani, Advocate For Respondent No.3 : Mr. Raj Awasthi, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 15/12/2025 1. Heard on I.A. No.1, application under Section 5 of the Limitation Act. 2. Mr. Kesharwani, learned counsel appearing for the appellant would submit that the claimant/injured has preferred this appeal with a delay Digitally signed by NADIM MOHLE 2 of 185 days. He would contend that the award was passed on 08.01.2024 but the counsel representing the injured failed to inform the claimant with regard to the judgment and award passed by the learned Tribunal and that was the reason for preferring this appeal with a delay of 185 days. 3. On the other hand, Mr. Awasthi would oppose the submission made by Mr. Kesharwani. 4. I have heard learned counsel appearing for the parties. 5. Taking into consideration the submissions made by Mr. Kesharwani and the reasons assigned in the application (I.A. No.01), the application is allowed and the delay of 185 days in preferring this appeal is hereby condoned. 6. Also heard on admission. 7. Admitted. 8. With the consent of the parties, the matter is heard finally. 9. The claimant has filed this appeal for enhancement of compensation assailing the award passed by the learned First Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 143 of 2022, dated 08.01.2024, whereby the Tribunal has granted compensation to the tune of 44,934/- with interest at the rate of 9% per annum on account ₹ of injuries sustained by the claimant. 10.Mr. Kesharwani, learned counsel appearing for the appellant/claimant would submit that on 03.01.2021, the claimant was going to Bilha as a 3 pillion rider on vehicle No. CG-10-AJ-8053 and the rider of bike drove it rashly and negligently, as a result, the claimant fell down and sustained injuries on his head, waist, shoulders, legs, and various parts of the body. 11.Mr. Kesharwani, would further submit that the claimant claimed a sum of 18,00,000/- as compensation. He would submit that the learned ₹ Tribunal has honoured the medical bills incurred in the treatment to the tune of 20,734/-, but granted meagre compensation under other ₹ conventional heads. He would further submit that the learned Tribunal has awarded a sum of 10,000/- towards attendant charges, special ₹ diet and conveyance, and a sum of 9,200/- towards loss of earnings. ₹ He would contend that the learned Tribunal granted compensation of only 5,000/- towards pain and suffering; thus, he would pray for ₹ enhancement of compensation. 12.On the other hand, learned counsel appearing for the Insurance Company would submit that the claimant failed to examine the treating doctor. He would further submit that the learned Tribunal has granted just and proper compensation; thus, he would pray that the appeal deserves to be dismissed. 13.Admittedly, the claimant was a pillion rider and fell down from the motorcycle and sustained injuries. He placed on record Ex.P/10 to P/29 medical documents, but failed to examine the treating doctor. It is evident from the perusal of the record that the claimant did not suffer 4 any permanent disability and the injuries sustained by him were simple in nature. The learned Tribunal, while deciding Issue No. 1, categorically held that the injuries sustained by the claimant were simple in nature. 14.The claimant submitted medical bills to the tune of 20,734/- and the ₹ learned Tribunal honoured the same. The documents would reveal that the claimant remained hospitalised for two days and the learned Tribunal granted 10,000/- towards attendant charges, special diet and ₹ conveyance, 9,200/- towards loss of earnings, and 5,000/- towards ₹ ₹ pain and suffering. 15.As the claimant failed to examine the treating doctor to establish the seriousness of the injuries, in my opinion, the learned Tribunal has rightly awarded compensation of 44,934/-, I do not find any good ₹ ground to interfere with the impugned award. 16.Accordingly, this appeal fails and is hereby dismissed. Sd/- Rakesh Mohan Pandey JUDGE Nadim