1 2025:CGHC:59088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1622 of 2024 1 - Shaifali Renwal W/o Shri Animesh Kumar Das Aged About 38 Years R/o Simran Height Mahavir Nagar, Police Station Rajendra Nagar, Raipur, District Raipur, Chhattisgarh. ... Appellant(s) versus 1 - Krishna Choudhary S/o Shri Rampravesh Choudhary Aged About 27 Years R/o Durga Mandir, Khursipar, Shankar Chowk, Nadaiyapara, Near Laxmi Kirana Store, P.S. Khursipar, Bhilai, District Durg, Chhattisgarh, (Driver Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07- A Z - 7820) 2 - Rampravesh Choudhary S/o Late Aniruddha Choudhary R/o Durga Mandir, Khursipar, Shankar Chowk, Nadaiyapara, Near Laxmi Kirana Store, P.S. Khursipar, Bhilai, District Durg, Chhattisgarh, (Owner Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07- A Z - 7820) 3 - The New India Insurance Company Limited Through Incharge Officer, Address- Second Floor, L.I.C. Investment Building, Phase- 1, Jivan Bima Marg, Pandri, Raipur, District Raipur, Chhattisgarh. (Insurer Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. 07- A Z - 7820) ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellant : Shri A.D. Kuldeep, Advocate. For Respondent No.3 : Mohd. Azad Siddiqui, Advocate. NIRMALA RAO 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.12.2025 1. Heard on admission. 2. Admit. 3. With the consent of the parties, the matter is heard finally. 4. The appellant/ claimant has filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 12.6.2024, passed in Claim Case No.817 of 2023 by the learned First Additional Motor Accident Claims Tribunal, Raipur, District Raipur whereby the learned Tribunal has passed an award to the tune of Rs.8,63,900/- and directed the Insurance Company to make payment alongwith interest @ 7.5% per annum on account of injuries sustained by the claimant. 5. Learned counsel for the appellant would argue that on 10.4.2022 at about 8:00 pm, the driver of the offending Truck bearing registration No.C.G. 07 AZ 7820, by driving it rashly and negligently, dashed the Car bearing registration No.C.G. 04 MD 8137, in which the claimant was an occupant and resultantly, he sustained injuries including fracture of femur bone of both the legs and fracture of the right hand. He would submit that the claimant remained hospitalized for 22 days. He would submit that the learned Tribunal has honoured the medical bills to the tune of Rs.8,56,500/- but has awarded meagre amount under other heads. He would submit that the learned Tribunal has not awarded compensation for loss of earning and awarded meagre amount for pain and suffering, attendant and conveyance. He would 3 pray to enhance the compensation. 6. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the appellants. He would submit that the claimant failed to examine the treating doctor. He would submit that the claimant has not suffered any permanent disability. He would submit that the learned Tribunal has granted just and proper compensation and the appeal deserves to be dismissed. 7. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 8. According to the findings recorded by the Tribunal and upon perusal of the medical documents, it is evident that the claimant sustained fracture of femur bone of both the legs and fracture of the right hand. The claimant remained hospitalized from 10.4.2022 till 2.5.2022. Learned Tribunal has honoured the medical bills amounting to Rs.8,56,500/-. Further, learned Tribunal has granted a sum of Rs.5,000/- for pain and suffering, which requires modification. The amount of compensation awarded for attendant and conveyance, appears to be at lower side. Learned Tribunal has not awarded compensation for loss of earning for a period of 22 days. 9. Taking into consideration the above-discussed facts, the compensation awarded by the learned Tribunal requires reconsideration and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Pain & Suffering Rs. 5,000/- Rs. 25,000/- 2. Attendant Rs. 2,000/- Rs. 10,000/- 3. Loss of earning during treatment --- Rs. 10,000/- 4 4. Medical Expenses Rs.8,56,500/- Rs.8,56,500/- 4. Transportation Rs.400/- Rs. 4,000/- TOTAL Rs. 8,63,900/- Rs. 9,05,500/- 10. In view of the aforesaid analysis, the amount of compensation of Rs.8,63,900/- awarded by the Claims Tribunal is enhanced to Rs.9,05,500/-. Hence, after deducting the amount of Rs.8,63,900/-, the appellant/claimant is entitled for an additional amount of Rs.41,600/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 11. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi