1 2025:CGHC:60982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1492 of 2019  Kamal Kishor Sahu S/o Late A.R. Sahu Aged About 29 Years R/o Bharti Nivas Link Road Near Sahdev Club House Janjgir District- Janjgir Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh ... Appellant versus 1. Laxminarayan S/o Madholal Patel Aged About 32 Years R/o Quarter No. M.62 Pump House Colony S.E.C.L. Colony Korba Tahsil Korba, District Korba, Chhattisgarh......(Driver), District : Korba, Chhattisgarh 2. Madholal Patel S/o Late Netram Patel Aged About 60 Years R/o Quarter No. M.62 Pump House Colony S.E.C.L. Korba Tahsil Korba District- Korba, Chhattisgarh., District : Korba, Chhattisgarh 3. The United India Insurance Company Limited Through Divisional Manager, United India Insurance Company Limited Divisional Office - T.P. Nagar Korba Tahsil And District Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Respondent(s) For Appellant/Insured : Mr. Vikas Kumar Pandey, Advocate For Respondent No. 3 : Mr. Sudhir Agrawal, Advocate For Respondents No. 1 & 2 : None. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 15.12 .2025 1. The claimant/injured has filed this appeal for enhancement of compensation against an award passed by the learned 3rd Additional Motor Accident Claims Tribunal, Janjgir-Champa in Claim Case No. 54/2016 dated 30.03.2019, whereby, the learned Tribunal has granted compensation to the tune of Rs. 87,246/- with interest at the rate of 6% per annum on account of injuries sustained by the claimant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.12.17 15:42:59 +0530 2 2. Mr. Vikas Pandey would submit that on 01.10.2014 at around 9:00 pm, the claimant was in front of betel shop, and at the same time, the driver of the offending scorpio bearing registration No. CG 12 R 5081 by driving it rashly and negligently dashed him, resultantly, he sustained injuries over head, knee of right leg and fingers. He remained hospitalized from 01.10.2014 to 04.10.2014 at Korba Hospital, and thereafter, he was referred to NTPC Hospital, where he remained hospitalized from 04.10.2014 to 10.10.2014. The treating Doctor placed 28 stitches over head, 25 stitches over knee of right leg and three stitches over fingers of the leg. Mr. Pandey would submit that the claimant was Branch Manager in Simon Ford Dealership Company, Korba and on account of injuries sustained, he could not resume his services, and later on, he was removed from services by his employer. He would contend that the claimant produced medical bills to the tune of Rs. 62,246/- and learned Tribunal has honoured them. He would contend that on conventional heads, the learned Tribunal has awarded meager amount. He would submit that the learned Tribunal has not granted compensation for loss of earning. He would pray to enhance the compensation. 3. On the other hand, Mr. Sudhir Agrawal, Advocate would submit that the claimant remained hospitalized for ten days and the learned Tribunal has already honoured the medical bills incurred in treatment to the tune of Rs. 62,246/-. Mr. Agrawal would contend that the claimant suffered multiple injuries in accident but there was no loss of earning as he was paid full salary for month of October, 2014 vide Ex. 43. Mr. Agrawal would further contend that on conventional heads the learned Tribunal has granted just and proper compensation and appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 5. Perusal of the medical documents would show that the claimant sustained 3 injuries over head, knee of right leg and finger. The Doctor placed 28 stitches over head, 25 stitches over knee and three stitches over fingers. The documents would show that the nature of the injuries sustained by the claimant was grievous. The claimant failed to examine the treating Doctor, but the medical bills and other documents have not been disputed by the Insurance Company and no evidence was led to prove contrary. The learned Tribunal has granted compensation of Rs. 62,241/- against the medical expenditure which appears to be just and proper. The learned Tribunal further awarded a sum of Rs. 10,000/- for pain & suffering and the said amount is not adequate looking to the nature of the injuries sustained by the claimant. Further, learned Tribunal awarded a sum of Rs. 10,000/- for loss of amenities and that figure does not require interference. The learned Tribunal awarded a sum of Rs. 5,000/- for conveyance, attendant and special diet and the compensation granted by the learned Tribunal requires modification. 6. Taking into consideration the above-discussed facts the compensation is being revisited herein-below :- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Medical expenditure Rs. 62,246/- Rs. 62,246/- 2. Pain and Suffering Rs. 10,000/- Rs. 30,000/- 3. Loss of amenities Rs. 10,000/- Rs. 10,000/- 4. Conveyance Rs. 5000/- Rs. 10,000/- 5. Attendant Rs. 10,000/- 6. Special Diet Rs. 10,000/- TOTAL Rs. 87,246/- Rs. 1,32,246/- 4 7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 87,246/- awarded by the tribunal is enhanced to Rs. 1,32,246/-. Hence, after deducting the amount of Rs. 87,246/-, the appellant/claimant is held entitled for an additional sum of Rs. 45,000/- with interest at the rate of 6%. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order. The appellant/injured shall not be entitled to receive any interest for the period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact. 8.Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant