1 2025:CGHC:57110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1045 of 2017 1 - Harishankar Yadav S/o Shri Noharlal Yadav, Aged About 38 Years R/o Sector 1, Deen Dayal Upadhyay Nagar, Danganiya, Police Station D. D. Nagar, District Raipur Chhattisgarh. Other Address C/o. Mohan Lal Srivas, Jalgrih Marg, In Front Of Pall Complex Tikrapara, P. S. Tikrapara, District Raipur Chhattisgarh., Chhattisgarh ... Petitioner(s) versus 1 - Mohd. Ezaz S/o Mohamad Nizamuddin, M/s Udisa Bengal Carrier Limited, Chhattisgarh, Elites, Jeewan Beema Marg, Pandri, Raipur District Raipur Chhattisgarh Driver Of Truck No. C. G. 04 J C 6983, Chhattisgarh 2 - M/s Udisa Bengal Carrier Limited, Chhattisgarh, Elites, Jeewan Beema Marg, Pandri, Raipur District Raipur Chhattisgarh Owner Of Truck No. C. G. 04 J C 6983 , District : Raipur, Chhattisgarh 3 - The New India Insurance Company Ltd. Through The Divisional Manager, The New India Assurance Company Limited, Madeena Building, Jail Road Raipur District Raipur Chhattisgarh Other Address Jeevan Beema Marg, Pandri, Raipur District Raipur Chhattisgarh Insurer Of Truck No. C. G. 04 J C 6983, District : Raipur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Utkrishth Patel, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 For Respondent(s) : Mr. Raj Awasthi, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 24.11.2025 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the award dated 08.05.2017 passed by the learned 5th Additional Motor Accident Claims Tribunal, Raipur (C.G.), in Claim Case No.410 of 2016 whereby compensation of Rs. 10,27,636/- with interest @ 9% per annum, in favour of the appellant/claimant has been awarded. 2. Brief facts of the case, is that, on 11.03.2016 at about 5:00 p.m., while the claimant was riding his motorcycle bearing registration No. CG-04-DK-9893 towards Urla and had reached in front of Mahamaya Steel Company, Sarora, the offending truck, being driven rashly and negligently by respondent No.1 on the wrong side of the road, collided with the claimant’s motorcycle, causing him to fall and suffer grievous injuries, including fractures to both legs, injuries to the right elbow and shoulder, and head injury, ultimately resulting in the amputation of his left leg during treatment at Mekahara Hospital. The incident was duly reported at Police Station Urla, District Raipur, whereupon an offence under Sections 279, 337, and 338 of the IPC was registered and a charge-sheet was filed before the Judicial Magistrate First Class, Raipur. Respondents No.1 and 2 as well as respondent No.3 filed 3 their written statements denying the averments in the claim petition. Upon considering the evidence and submissions of both sides, the Learned Claims Tribunal, by its award dated 08.05.2017, granted a total compensation of Rs. 10,27,636/-; being dissatisfied with the quantum, the appellant has preferred the present appeal seeking enhancement of compensation. 3. The Tribunal has awarded a sum of Rs.7,86,240/- towards loss of income, Rs.59,396/- towards medical expenses, Rs.75,000/- towards pain and suffering, Rs.1,00,000/- towards future treatment, Rs.20,000/- towards special diet, and Rs.5,000/- towards repair of the motorcycle. Accordingly, a total compensation of Rs.4,40,000/- has been granted in favour of the appellant/claimant. 4. Learned counsel for the appellant submits that the claims Tribunal has awarded a sum of Rs. 10,27,636/- which is not in accordance with law and the same is required to be enhanced in accordance with law. He further submits that the awarded compensation by the Tribunal is on the lower side. Therefore, the compensation amount may be enhanced suitably. Hence, this appeal may be allowed and awarded amount needs to be enhanced suitably. 5. On the other hand, learned counsel for the respondents opposes the same. 6. I have heard learned counsel for the parties and perused the material available on record. 4 7. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 8. Now this Court shall examine as to whether the compensation of Rs. 10,27,636/- awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 9. The Hon’ble Supreme Court in the matter of Hare Krushna Mahanta vs. Himadari Sahu & Another reported in 2025 SCC Online SC 262 has observed as under:- “9. We have heard the learned counsel for the parties. It is borne from the record that the Claimant-Appellant had agreed on the additional consolidated sum granted by the High Court. It is imperative for this Court, however, to reiterate that despite such consent, the objective when granting compensation under the Motor Vehicles Act, 1988, is to ensure just and fair compensation is paid to the aggrieved party. This came to be reiterated by this Court recently in Meena Devi v. Nunu Chand Mahto reported in (2023) 1 SCC 204, wherein it was observed:” "17. The Tribunal/Court ought to award "just" compensation which is reasonable in the facts relying upon the evidence produced on record. 5 Therefore, less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount." 10. Considering the facts and circumstances of the case at hand, the amounts of Rs.1,00,000/- towards loss of amenities, Rs.1,00,000/- towards pain and suffering, Rs.30,000/- towards special diet, Rs.1,00,000/- towards future treatment, Rs.5,000/- towards repair of the motorcycle, and Rs.5,000/- towards a wheelchair would be enhance as such the award is modified to the extent :- Sn. Heads Calculation 01. Loss of Income Rs.7,86,240/- 02. Medical Bill Rs.59,396/- 03. Loss of Amenities Rs.1,00,000/- 04. Pain and Suffering Rs.1,00,000/- 05. Future Treatment Rs.1,00,000/- 06. For Special diet Rs.30,000/- 07. For Bike Repair Rs.5,000/- 08. For Wheel-chair Rs.5,000/- Total Rs.11,85,636/- 11. The compensation amount of Rs.10,27,636/- awarded by the Tribunal is hereby enhanced to Rs.11,85,636/-. Accordingly, after deducting the amount already awarded, the claimant shall be entitled to a sum of Rs.1,58,000/-, which shall carry interest at the rate of 9% per annum from the date of the appeal, payable within 6 a period of 60 days. All other terms and conditions of the Tribunal’s award shall remain intact. 12. Consequently, the appeal is allowed in-part. No order as to costs. Certified Copy as per rules. Sd/- (Amitendra Kishore Prasad) Judge Saxena