1 2025:CGHC:59090 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 484 of 2020  Basant Kumar S/o Bisahuram Chauhan Aged About 26 Years R/o Village - Gadhabhata, Police Station Bhatgaon, Bilaigarh, District Balodabazar - Bhatapara, Chhattisgarh. ... Appellant versus 1. Bashir Mohammad S/o Habib Mohammad Aged About 28 Years R/o Lagra, H.No. 78, Post Office Mopka, Police Station Sarkanda, District Bilaspur, Chhattisgarh. (Driver Of Offending Bus No. Cg10-G-1097) 2. Ali Raza S/o Abdul Aziz Aged About 61 Years R/o Bharti Nagar, Thana Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh. (Owner Of Offending Bus No. Cg10-G-1097) 3. The New India Insurance Company Limited Branch Office - Amedkar Chowk, Baloda Bazar, District Balodabazar - Bhatapara, Chhattisgarh. (Insurer Of Offending Bus No. Cg10-G-1097) ... Respondent(s) For Appellant : Ms. Pooja Yadav, Advocate holding the brief of Ms. Supriya Upasane, Advocate For Respondent No. 3/ : Ms. Harneet Kaur, Advocate holding the brief Insurance Company of Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.12 .2025 1. The claimant/injured has filed this appeal under Section 173 of Motor Vehicle Act for enhancement of compensation challenging the award passed by the learned Motor Accident Claims Tribunal, BalodaBazar in Claim Case No. 147/2018 dated 10.05.2019, whereby the learned Tribunal has granted compensation to the tune of Rs. 1,27,267/- with interest at the rate of 9% per annum on account of injuries sustained by the appellant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.09 12:04:29 +0530 2 2. The facts in brief are that on 21.06.2018, the claimant was dashed by driver of the Bus bearing registration No. CG 10 G 1097, resultantly, he sustained injuries over head and hip. The claimant filed a claim case under Section 166 of Motor Vehicle Act and claimed a sum of Rs. 13,00,000/-. Driver & Owner as well as Insurance Company filed reply to the claim petition and denied averments made therein. The learned Tribunal framed issues, parties led evidence, and thereafter, award was passed. 3. Ms. Pooja Yadav, Advocate would submit that initially claimant was admitted at Government Hospital, Bilaigarh, later on, he was referred to Mahadeo Hospital, Bilaspur. She would submit that the claimant remained hospitalized for 11 days. She would submit that the claimant had sustained serious injures and he still needs medical assistance. She would contend that the learned Tribunal has granted compensation of Rs. 1,05,067/- against the medical expenses incurred in the treatment. It is argued by Ms. Yadav that the learned Tribunal has granted Rs. 2200/- for loss of earning for 11 days, which is at lower side. It is further contended that the learned Tribunal has granted Rs. 10,000/- for pain and suffering, which requires modification. Ms. Yadav would submit that the learned Tribunal has not granted compensation for conveyance and attendant. She would pray to enhance the compensation. 4. On the other hand, Ms. Harneet Kaur would submit that the claimant failed to examine the treating Doctor to prove seriousness of injuries. It is contended that no disability certificate has been produced by the claimant. Ms. Kaur would submit that the injuries sustained by the claimant were simple in nature and he was discharged from hospital after five days. Ms. Kaur would contend that the learned Tribunal has granted just and proper 3 compensation and appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record with utmost circumspection. 6. Perusal of the record would show that the claimant sustained injures on account of motor accident dated 21.06.2018. He remained hospitalized for five days. The medical bills submitted by the claimant have been honoured by the learned Tribunal to the tune of Rs. 1,05,067/-. The learned Tribunal has granted a sum of Rs. 2200/- for loss of earning of 11 days which appears to be at lower side. The claimant was JCB operator; therefore, the learned Tribunal should have considered him unskilled labourer & wages admissible to an unskilled labourer was Rs. 300/- per day. Thus the claimant will be entitled for Rs. 300 x 11 = 3300/-. For pain and suffering the learned Tribunal has granted Rs. 10,000/- and this figure requires reconsideration. The compensation for pain and suffering is enhanced from Rs. 10,000/- to Rs. 30,000/-, for special diet, the learned Tribunal has awarded proper sum of Rs. 10,000/-. The learned Tribunal has not awarded compensation for attendant and conveyance and appropriate figure would be 20,000/-. 7. Taking into consideration the above-discussed facts, the amount of compensation of Rs. 1,27,267/- awarded by the tribunal is enhanced to Rs. 1,68,367/-. Hence, after deducting the amount of Rs. 1,27,267/-, the appellant/claimant is held entitled for an additional amount of Rs. 41,100/-. The Insurance Company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. The appellant shall not be entitled to receive any interest for the 4 period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact. 8. With the aforesaid observation(s), the instant appeal is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant