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2025 DAILYLAW 61309 (CHH)

KISHAN SONI v. CHANDRIKA PRASAD KASHYAP

MAC/1373/2023 · 2025-12-10

Shri Sanjay K Agrawal

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Judgment text

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(MAC No.1373/2023) 2025:CGHC:60302 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1373 of 2023 {Arising out of award dated 17-3-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.639/2019} Kishan Soni, S/o Kriparam Soni, aged about 45 years, R/o Village & Police Station Sakri, District Bilaspur (C.G.) (Applicant) ... Appellant versus 1. Chandrika Prasad Kashyap, S/o Firat Ram Kashyap, R/o Village Borda, Police Station & Tahsil Nawagarh, District Janjgir-Champa (C.G.); (Driver & Owner of the Vehicle No.CG-07/CA-3970) 2. Bajaj Allianz General Insurance Company Limited, Through Branch Manager, Branch Office 3rd Floor, Gurukripa Tower, Near of I.C.I.C.I. Lumbard Bank, Vyapar Vihar, Bilaspur, Tahsil & District Bilaspur (C.G.); (Insurer of the Vehicle No.CG-07/CA-3970) (Non-Applicants) ... Respondents For Appellant : Mr. Anand Kesharwani, Advocate. For Respondent No.2 : Ms. Srishti Upadhyay, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11/12/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.11 18:03:24 +0530 (MAC No.1373/2023) impugned award dated 17-3-2023 passed by the 2nd Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No.639/2019, whereby the learned Claims Tribunal has awarded a total sum of ₹ 1,56,338/- as compensation for the grievous injuries sustained by the appellant herein/injured. 2. Mr. Anand Kesharwani, learned counsel appearing on behalf of the appellant herein/injured, would submit that the amount of compensation on conventional heads has not been awarded by the Claims Tribunal, therefore, the compensation be suitably enhanced. 3. Ms. Srishti Upadhyay, learned counsel appearing on behalf of the Insurance Company/respondent No.2 herein, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. Having considered the facts and circumstances of the case and having gone through the material available on record, it would be appropriate to award an additional amount of compensation of ₹ 75,000/- as compensation to the appellant herein/claimant/injured over and above the earlier amount of compensation already granted, along with an interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 21-6-2019 till its realisation. It is ordered accordingly. Page 3 of 3 (MAC No.1373/2023) 6. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Soma