-1- 2025:CGHC:54102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1627 of 2019 1 - Vikash Sharma S/o Shri Suresh Sharma Aged About 29 Years R/o Shivarinarayan, Thana Shivarinarayan, District - Janjgir - Champa Chhattisgarh. (Claimant ), District : Janjgir-Champa, Chhattisgarh ... Appellant/Claimant versus 1 - Kamal Singh S/o Sukhdev Singh Aged About 40 Years R/o Tifra Kundrapara, Thana - Sirgitty District - Bilaspur Chhattisgarh. ( Driver Of The Offending Vehicle Truck No. C.G. 16/a/1502 ) (Driver ), District : Bilaspur, Chhattisgarh 2 - Ravindra Kumar Yadav S/o Shri Bhupendra Singh Aged About 50 Years R/o Imlipara Thana - Civil Line, Tahsil And District - Bilaspur Chhattisgarh. ( Owner Of The Offending Vehicle Truck No. C.G. 16/a/1502 ) (Owner ), District : Bilaspur, Chhattisgarh 3 - Branch Manager, The United India Insurance Company Limited, Branch Office - Gurukripa Tower, Byapar Vihar Road Bilaspur - District Bilaspur Chhattisgarh. ( Insurer Of The Offending Vehicle Truck No. C.G. 16/a/1502 ) (Insurer ), District : Bilaspur, Chhattisgarh ... Respondents For Appellant/Claimant/injured : Ms. Shalini Jangde, Advocate holding the brief of Mr. A.L. Singroul, Adv. For Respondents No.3 : Mr. Dashrath Gupta, Advocate For respondents No.1 & 2 : None appears though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 06.11.2025 1) Heard. 2) The appellant/claimant/injured has filed this appeal for enhancement of compensation against an award passed by the learned Sixth Additional Motor Accidents Claims Tribunal, Bilaspur, District Bilaspur(C.G.) in Claim Case -2- No.563/2016 dated 05.04.2019, whereby, the learned Tribunal has awarded a sum of Rs.2,98,391/- with interest @ 7.5% per annum on account of injuries sustained by the claimant. 3) Learned counsel appearing for the appellant/claimant would submit that on 25.12.2015, the driver of the offending vehicle truck bearing registration No.C.G.16A/1502 dashed the motorcycle of the claimant, consequently, he sustained injuries. She would fairly submit that the claimant is a constable working with the police department. She would contend that the learned Tribunal has not considered the issue of loss of earning and failed to award adequate compensation for attendant; special diet; conveyance and pain and suffering. She would further contend that the learned Tribunal has awarded a sum of Rs.2,27,391/- for medical expenses but further failed to award compensation for future medical expenses. She would pray to enhance the compensation accordingly. 4) On the other hand, Mr. Gupta, learned counsel appearing for respondent No.3/Insurance Company would oppose the submissions made by Ms. Jangde. He would submit that the claimant failed to examine the treating doctor to prove seriousness of injuries sustained by him. He would contend that the claimant did not suffer disability. He would further contend that the learned Tribunal has awarded just and proper compensation on conventional heads. He would submit that the appeal deserves to be dismissed. 5) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 6) A perusal of the record would show that there was fracture of right leg but he -3- did not suffer any disability. Learned Tribunal has honoured the medical bills submitted by the claimant to the tune of Rs.2,98,391/-. Further, learned Tribunal has awarded Rs.51,000/- for loss of earning. It is a case where the claimant is a Government servant; getting handsome salary, therefore, for loss of income, learned Tribunal has rightly awarded a sum of Rs.51,000/-. The claimant remained hospitalized for 10 days and there was fracture over right leg, therefore, certainly, the claimant would have taken rest for more than a month but the learned Tribunal has awarded meager amount of Rs.10,000/- for conveyance and special diet and further, failed to award compensation for attendant. Learned Tribunal has awarded just Rs.10,000/- for pain and suffering which appears to be at lower side. 7) Taking into consideration the facts of the present case and the award passed by the learned Tribunal, the amount of compensation awarded for conveyance and special diet is enhanced from Rs.10,000/- to Rs.20,000/-. The claimant shall be entitled for an additional sum of Rs.10,000/- for attendant. The amount awarded by the learned Tribunal for pain and suffering is enhanced to Rs.20,000/-. 8) Taking into consideration the above-discussed facts, the compensation requires recomputation and same is being revisited herein below : Sr.No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. For medical expenses Rs.2,27,391/- Rs.2,27,391/- 2. For pain and suffering Rs. 10,000/- Rs. 20,000/- 3. For special diet and Rs.10,000/- Rs.20,000/- -4- conveyance 4. For loss of income Rs.51,000/- Rs.51,000/- 5. For attendant NIL Rs.10,000/- 6. Total Rs. 2,98,391/- Rs. 3,28,391/- 9) Accordingly, the amount of compensation of Rs.2,98,391/- awarded by the Claims Tribunal is enhanced to Rs.3,28,391/- Hence, after deducting the amount of Rs.2,98,391/-, the appellant is entitled for an additional amount of Rs.30,000/- The additional amount of compensation shall carry interest @ 7.5% per annum from the date of application till the date of its realization. The rest of the terms and conditions shall remain intact. 10) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha