Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:55856
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 673 of 2024 Shivprasad S/o Late Santuram Sahu, Aged About 48 Years R/o- Village Sipahi Post And P.S. Fastarpur, District- Mungeli (C.G.).
... Appellant(s) versus
1. Dinesh Lanjhiyana S/o Late Krishan Kumar Lanjhiyana R/o Ravidas Nagar Ward No. 04 Kawardha, P.S. Kawardha, District- Kabirdham (C.G.).
2. Branch Manager Tata A.I.G. General Insurance Co. Ltd. Neninsula Business Park Tower A- 15th Floor, G.Lk Marg Lower Paril Mumbair (M.H.)
... Respondent(s) For Appellant : Mr. A.L. Singroul, Adv. For Respondent No. 1 : Mr. Chandrikaditya Pandey, Adv. on behalf of Mr. Dharmesh Shrivastava, Adv. For Respondent No. 2 : Mr. Sourabh Gupta, Adv. on behalf of Mr. Sourabh Sharma, Adv. Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board 17-11-2025 1) Claimant has preferred this appeal under Section 173 of The Motor Vehicles Act, 1988 assailing the award passed by the learned Motor Accident Claims Tribunal, Kabirdham, District Kabirdham in Claim Case No. 35/2022 dated 5.8.2023, whereby Digitally signed by AJINKYA PANSARE Date: 2025.11.18 14:29:33 +0530
2 learned Claims Tribunal has awarded Rs. 2,54,067/- along with interest @ 6% as compensation on account of injuries sustained by the claimant. 2) Facts of the present case as per claim application are that on 20.12.2021 at about 2 - 2:30 pm, the claimant was returning to Kawardha on motorcycle. When he reached Jamoniya, the offending vehicle-Scooty bearing registration No. CG-09-JL-8029 being driven in rash and negligent manner, dashed the motorcycle of the claimant. In the accident, he sustained serious injuries over left leg and other parts of body. The claimant remained hospitalized at Shri Jagannath Hospital from 21.12.2021 to
31.12.2021. Claimant moved a claim application and claimed a sum of Rs. 24,85,000/-. Driver and owner of the offending vehicle as well as Insurance Company filed reply and denied the averments made in claim application. Learned Claims Tribunal framed issues ; parties led evidence and award impugned was passed. 3) Learned counsel appearing for the claimant submits that learned Claims Tribunal has not honored the medical bills submitted by the claimant. He further submits that learned Claims Tribunal has awarded meager amounts on conventional heads. He prays to enhance the compensation. 4) On the other hand, learned counsel appearing for the respondents would oppose. They submit that learned Claims Tribunal has awarded just and proper compensation. 3 5) Heard learned counsel for the parties and perused the record with utmost circumspection. 6) Admittedly, claimant sustained injuries over left leg below knee and other parts of body but there was no serious injury or disability. He remained hospitalized for a period of 11 days. Claimant submitted medical bills to the tune of Rs. 1,92,007/- and the learned Claims Tribunal honored those medical bills. Further learned Claims Tribunal has awarded Rs. 18,560/- towards loss of earning for period of two months ; Rs. 5,500/- towards attendant charges ; Rs. 18,000/- towards special diet ; Rs. 15,000/- towards pain and suffering and Rs. 5,000/- for transportation.
7) Evidently, claimant did not suffer disability and remained hospitalized for 11 days and further learned Claims Tribunal has honored the medical bills submitted by the claimant and awarded just and proper compensation under conventional heads. The claimant failed to examine treating doctor to prove seriousness of injuries sustained by him. In view of the above, the contention made by Mr. Singroul cannot be accepted. 8) Taking into consideration the above discussed facts, I do not find any good ground to interfere with the award impugned. Consequently, this appeal fails and is hereby dismissed. No
order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a