1 2025:CGHC:53359 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 620 of 2022 Malti Markandey D/o Shri Parasram Markandey Aged About 33 Years R/o Jodhapur Ward, Dhamtari, Tahsil Kurud, District : Dhamtari, Chhattisgarh ... Appellant/Claimant versus 1 - Deepak Rajpoot S/o Late Gulabsingh Rajpoot Aged About 23 Years R/o Village Jewara Sirsa, P.S. Pulgaon, District : Durg, Chhattisgarh 2 - United India Insurance Company Limited Branch Office Micro Office, Paras, Complex, Gurudwara, Station Road, Durg, Tahsil And, District : Durg, Chhattisgarh ... Respondent(s) For Appellant : Mr. Prakhar Dashore on behalf of Mr. R.S. Patel, Advocate For Respondent No. 2 : Mr. Anupam Dubey, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.01 12:16:59 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 31.10.2025 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 amount of compensation, challenging the impugned award dated 25/11/2021 passed by learned Motor Accident Claims Tribunal, Dhamtar in Claim Case No. 37/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 1,58,415/- as compensation to the appellant/claimant for the injuries suffered by her. 2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal has erred in granting less compensation as she has suffered 20 % temporary disability on account of the accident for which the Claims Tribunal has only granted an amount of Rs. 1,00,000/- which is not just and proper and moreover, under the head of pain and suffering only Rs. 50,000/- has been granted which is on the lower side, as such, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 2 would support the impugned award and submit that the compensation 3 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. Having heard learned counsel for the parties and having gone through the record, it appears that appellant/claimant suffered 20% temporary disability for which the Claims Tribunal has only granted Rs. 1,00,000/- as compensation, which in my considered opinion, is not just and proper and is hereby enhanced by Rs. 60,000/-. Furthermore, Rs. 50,000/- has been granted by the Claims Tribunal under the head of pain and suffering which is enhanced by Rs. 40,000/-, thereby, making the total compensation as Rs. 2,58,415/-, which would make it just and proper. 6. Thus, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Medical Expenses Rs. 8,415/- Rs. 8,415/- 2. Temporary Disability Rs. 1,00,000/- Rs. 1,60,000/- 3. Pain and Suffering Rs. 50,000/- Rs. 90,000/- Total Rs. 1,58,415/- Rs. 2,58,415/- 4 7. In view of the aforesaid analysis, the amount of compensation of Rs. 1,58,415/- awarded by the Claims Tribunal is enhanced to Rs. 2,58,415/-. Hence, the appellant is held entitled for an additional amount of Rs. 1,00,000/-. Respondent No. 2 is directed to deposit the 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 filing of claim application before the Tribunal i.e. 15/02/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. 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 Harneet