1 2025:CGHC:55452 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 776 of 2023 Birendra Kumar Jaiswal S/o Shyamnarayan Jaiswal Aged About 46 Years R/o Behind Karmel School, Near Housing Board, Namnakala, Tehsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Appellants/Claimants versus 1 - Brijmohan Minj S/o Jagdev Minj Aged About 35 Years R/o Village Khairbar, Police Station Kotwali, Tehsil Ambikapur, District Sarguja, Chhattisgarh ..........Driver Of Offending Vehicle No. H.R/67/a/7088. 2 - Dinesh Kumar Gupta S/o Baccha Lal Gupta Aged About 35 Years R/o Kharsiya Road, Ambikapur, Police Station And Tehsil Ambikapur, District Sarguja, Chhattisgarh ..........Owner Of Offending Vehicle No. H.R/67/a/7088. 3 - The Oriental Insurance Company Limited Through- Branch Manager, M.G. Road, Banaras Chowk Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.14 11:40:00 +0530 2 For Appellant : Mr. Anurag Singh, Advocate For Respondents No. 1 & 2 : Ms. Sweksha Sharma, Advocate For Respondent No. 3 : Mr. Deepak Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.11.2025 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 11/01/2023 passed by learned 3rd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (C.G.) in Claim Case No. 204/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 50,467/- as compensation for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the compensation awarded by the Claims Tribunal is not just and proper as the appellant is an Advocate by profession and on account of the injuries suffered by him, he could not practice for two months, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3 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. A careful perusal of the record would show that on account of the accident, appellant suffered fracture in his right shoulder and ribs due to which he could not practice as an Advocate for two months and had to go for physiotherapy sessions and for follow-ups, therefore, since the compensation of Rs. 50,467/- awarded by the Claims Tribunal appears to be on the lower side, an additional amount of Rs. 50,000/- is awarded to the appellant/claimant. Respondent No. 3 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 12/10/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 4 6. 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 Harneets