Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:48519
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 425 of 2024 1 - Smt. Neera Bai Shrivas W/o Geeta Prasad Shrivas, Aged About 47 Years Resident Of Pushpanjali Chowk, Rampur (Wrongly Mentioned As Rapur), P.S. Kartala, District- Korba At Present Resident Of Jamnimuda, P.S.-Pali, Tahsil- Pali, District-Korba (Chhattisgarh)
... Petitioner(s) versus 1 - Vijay Malhotra S/o Ram Dayal Malhotra, Aged About 20 Years Resident Of Bendarkona, P.S. Balco Nagar, District-Korba (Chhattisgarh) (Owner And Driver of Offending Vehicle Truck Bearing Registration No. C.G. 12 A.X. 4979) 2 - Ifco Tokiyo General Insurance Company Ltd. Near Icici Bank, Vyapar Vihar, District Bilaspur, Through Branch Manager, Ifco Tokiyo General Insurance Company Ltd. District Bilaspur, Chhattisgarh. (Insurer Of Offending Vehicle Truck Bearing Registration No. C.G. 12 A.X. 4979)
... Respondent(s) For Appellant : Shri S.R.J. Jaiswal, Advocate. For Respondent No.2 : Ms. Shristi Attal, Advocate holding the brief of Shri Vaibhav Shukla, Advocate. For Respondent No.1 : None though served. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 22.09.2025 NIRMALA RAO
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1. The appellant/ injured has filed this appeal for enhancement of compensation against the award passed by the learned First Additional Motor Accident Claims Tribunal, Katghora, District Korba passed in Claim Case No.94 of 2021 dated 2.2.2024, whereby the learned Tribunal passed an award to the tune of Rs.28,680/- with interest @7% has been passed.
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Learned counsel for the appellant would submit that the appellant/ claimant sustained injuries as the motorbike, in which the appellant was a pillion rider, was dashed by a Tractor bearing registration No.C.G. 12 AX 4979 and resultantly, the appellant had sustained grievous injuries on various parts of her body. He would submit that the appellant remained hospitalized for 15 days and produced medical bills and other bills vide Ex.P/17 to P/65 before the learned Tribunal but those bills were not properly considered. He would contend that the appellant was a Tailor and compensation has not been awarded considering her profession and loss of earning. He would submit that the appellant could not work for several months and that part has not been considered by the learned Tribunal. He would pray to enhance the compensation.
3. On the other hand, learned counsel for respondent No.2 would argue that the appellant failed to examine the treating doctor to prove the medical prescriptions and other related documents. She would submit that though it is pleaded by the claimant that she remained hospitalized for 15 days but no document has been adduced or proved by the claimant in this regard. She would submit that the learned Tribunal has honored all admissible medical bills submitted by the appellant and thus, the appeal deserves to be dismissed.
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4. I have heard learned counsel for the parties and perused the documents present on record.
5. Considering the fact that the bills submitted by the appellant before the learned Tribunal were duly considered, and that an amount of Rs.9,280/- was awarded towards medical expenses; for conveyance; Rs.9,400/- and Rs.10,000/- for pain and suffering and thus, the learned Tribunal rightly awarded a sum of Rs.28,680/-. The appellant failed to examine the treating doctor to prove period of hospitalization, future medical expenses and reports issued by it.
6. Considering the facts discussed above and perusal of the record would show that the learned Tribunal has rightly awarded a sum of Rs.28,680/- to the appellant.
15. Consequently, this appeal fails and is hereby dismissed. Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi