1 2025:CGHC:49266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 236 of 2023 Lokesh Singh Thakur, S/o. Late Arvind Kumar Thakur, Aged About 32 Years, R/o. Santoshi Chowk, Virndavan Nagar, Kushalpur, Police Station- Purani Basti, Tahsil And District- Raipur (C.G.) ... Appellant versus 1 - Siju Mathew, S/o. Shri K.C.Mathai, Aged About 35 Years, R/o. Bethany Ashram, ITC Borsi, Bethany, Police Station- Phulgaon, District-Durg (C.G.)…... (Driver Of Vehicle Bolero CG.07-BG-2407) 2 - Bethany Service Association, R/o. Bethany Ashram, ITC Borsi, Bethany, Police Station- Phulgaon, District- Durg (C.G.)……. (Owner Of Vehicle Bolero CG.07-BG-2407) 3 - The New India Insurance Company Ltd. Through The Divisional Manager, The New India Insurance Company Limited, Circle Office-1, 1st Floor, Tank Business Tower, Above Karnataka Bank, Fafadih Chowk, Raipur (C.G.)…...(Insurer Of Vehicle Bolero CG.07-BG-2407) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.26 11:59:32 +0530 2 For Appellant : Mr. Palash Agrawal, Advocate For Respondent No.3 : Mr. Deepak Gupta, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 15.12.2022 passed by learned Chief Motor Accident Claims Tribunal, Raipur, in Motor Accident Claim Case No.37/2020, by which the claim application of the claimant has been allowed and an amount of Rs.47,724/- has been awarded as compensation to the claimant along-with interest @ 8% per annum from the date of filing of claim application. 2. Mr. Palash Agrawal, learned counsel for the appellant/ claimant, would submit that the claimant has suffered fracture of the right hand small finger and rod has been inserted on it by surgical treatment and he remained in the hospital for five days, therefore, the amount of compensation be suitably enhanced on the head of loss of income, medical expenses, 3 future medical expenses, transportation and physical & mental agony, as just & proper compensation has not been awarded to the claimant/ appellant. 3. Mr. Deepak Gupta, learned counsel for the insurance company/respondent No.3, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal awarded total compensation of Rs. 47,724/- under the different heads, which appears to be meager amount looking to the injury suffered by the claimant/ appellant. Therefore, in the opinion of this Court, an additional amount of Rs.50,000/- is awarded to the appellant. Hence, the claimant is entitled for an additional amount of Rs. 50,000/- in addition to the amount of compensation awarded by the Claims Tribunal. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 8% per annum from the date of filing of 4 claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 6. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok