Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48634
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 352 of 2020 Dinesh Kumar S/o Chain Singh Aged About 20 Years R/o- Dhouradongari Batra, Police Station And Tehsil- Pali, District- Korba, District : Korba, Chhattisgarh
... Appellant(s) versus
1. Kaleshwar Pratap Singh Tanwar S/o Mangal Singh Tanwar Aged About 24 Years R/o- Bhada (Lafa), Police Station- Pali, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh
2. Dev Singh S/o Harihar Singh R/o- Parsada, Police Station- Pali, District- Korba, Chhattisgarh, District : Korba, Chhattisgarh
3. Shreeram General Insurance Co. Limited Through Branch Manager, Office At- Plot No. 1, Fourth Floor, Maruti Heights, Behind R.K. Mall, Ge Road, Raipur, District : Raipur, Chhattisgarh
... Respondent(s) For Appellant
: Mr. Pallav Mishra, Advocate For Respondent No. 1 : Mr. Kanhaiya Lal Yadav, Advocate holding the brief of Mr. Dharmesh Shrivastava, Advocate For Respondent No. 3 : Ms. Santoshi Yadav, Advocate holding the brief of Mr. Utsav Mahiswar, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board
22. 09.2025
1. The appellant/claimant has filed this appeal under Section 173 of Motor Vehicles Act, 1988 for enhancement of compensation against an award passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in MACT No. 181/2016 dated 09.04.2019, whereby the learned Tribunal passed an award to the tune of Rs. 78,534/- with interest at the rate of 7% per annum on account of injuries sustained by the appellant. SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.25 10:02:12 +0530
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2. Mr. Pallav Mishra, Advocate, appearing for the appellant/claimant would submit that the appellant was dashed by the driver of the vehicle bearing registration number CG 10 A 3390 on 08.08.2016 at 8:30 p.m., resultantly, he sustained grievous injuries and he remained hospitalized for treatment. He would further submit that the appellant submitted various medical bills and other relevant bills, but the learned Tribunal failed to honour all those bills and awarded a meager sum of Rs. 78,534/-. He would contend that the compensation may be enhanced. 3. On the other hand, learned counsel appearing for respondents would oppose. They would submit that medical bills and other relevant bills were honoured by the learned Tribunal. They would further submit that the appellant failed to examine the treating Doctor to prove the seriousness of injuries.
They would contend that the appellant has not placed any document to demonstrate that he remained hospitalized for any specific period. It is contend that this appeal deserves to be dismissed. 4. I have heard learned counsel appearing for the parties and perused the document placed on record. 5. The learned Tribunal held that the driver of offending vehicle was having valid and effective driving licence on the date of accident; the offending vehicle was insured with the Insurance company and the appellant had sustained injuries on account of accident. The learned Tribunal honoured the medical bills submitted by the appellant and awarded a sum of Rs. 48,534/-. The learned Tribunal further awarded a sum of Rs. 20,000/- for pain and suffering. 6. Perusal of the award would show that the learned Tribunal has also awarded a sum of Rs. 10,000/- for loss of earning, but the learned Tribunal has not granted award for conveyance, attendant and special diet;
3 therefore, the Insurance company is directed to pay a sum of Rs. 20,000/- to the appellant/claimant on the head of conveyance, attendant and special diet with interest at the rate of 7% from the date of application till date of its realization. 7. Accordingly, the instant appeal is hereby party allowed. Sd/-
(Rakesh Mohan Pandey)
Judge $iddhant