1 2025:CGHC:45109 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 432 of 2020 Lekhram Dewangan S/o Bhawani Prasad, Aged About 42 Years R/o Bangla Bhatha Bilaigarh, Police Station Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh.............Claimant. ... Appellant versus 1 - Nemchand Yadav S/o Shyamlal Yadav, Aged About 30 Years R/o Village Basaiha, Police Station Rajendra Gram, District Anuppur (Madhya Pradesh) Present Address Vishnu Chowk Tifra, Bilaspur, District Bilaspur Chhattisgarh. (Driver Of Offending Vehicle Truck Bearing Registration No. C.G.10 C-5223). 2 - Karan Vishwakarma S/o Ashok Vishwakarma, Aged About 24 Years R/o Vishnu Chowk Tifra, Bilaspur, District Bilaspur Chhattisgarh. (Owner Of Offending Vehicle Truck Bearing Registration No. C.G. 10 C-5223). 3 - Branch Manager, Insurance Company, The New India Insurance Company Limited, Branch Office Raipur Road, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. (Insurer Of Offending Vehicle Truck Bearing Registration No. C.G. 10 C-5223), . 4 - Hajir Ali S/o Haider Ali, Aged About 47 Years R/o Musalman Mohalla, Nagar Panchayat Bhatgaon, Police Station And Tahsil Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh. 5 - Insurance Company, Hdfc, Agro Insurance Company Limited, Branch Office Third Floor, Chawla Complex, Devendra Nagar, Road, Sai Nagar Raipur 492001 District Raipur Chhattisgarh. (Insurer Of Offending Vehicle Pickup Bearing Registration No. C.G. 22 C- 0174). 2 ... Respondents For Appellant : Mr. C. R. Sahu, Advocate For Res. No. 3 : Ms. Swati Agrawal, Advocate holding brief of Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Sachin Singh Rajput Order On Board 03/09/2025 1. This is claimants’ appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, 'MV Act, 1988') for enhancement of compensation awarded by learned Motor Accident Claim Tribunal, Baloda Bazar, District- Baloda Bazar (C.G.) (for short ‘the Tribunal’) in Motor Accident Claim Case No. 161 of 2018 vide award dated 20th of November, 2019. 2. By the impugned award, against a claim of Rs. 10,00,000/- , the learned Tribunal has awarded compensation of Rs. 1,18,189/- in favour of the appellants/claimants on account of injuries sustained by him in an accident that occurred on 14.03.2018 by rash and negligent driving of offending vehicle truck bearing registration No. CG10C/5323 by respondent No. 1, owned by respondent No.2 and insured with respondent No.3/The New India Insurance Company Ltd. 3. As per pleadings of the claim application, the appellant/claimant has suffered severe injuries and his back bone, shoulder bone and bone of chest was broken and he has got permanent disability. It is further pleaded that he spent considerable amount on his treatment. 4. The claim application was resisted by the respondents on various ground and denied the averments made in the claim application and 3 pleaded that there is violations of terms and conditions of the insurance policy. The learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the claimant and awarded the above stated compensation. 5. Learned counsel for the appellants/claimants vehemently argued that although the appellant has not examined the doctor to prove the injuries sustained by him in the accident, however, the learned Tribunal has fallen in error in awarding low amount of compensation, which deserves to be enhanced suitably. 6. Learned counsel for respondent No. 3 /Insurance company while supporting the impugned award would submit that in the facts & circumstances of the case, just & compensation has been awarded, which need not to be interfered with. 7. Heard the learned counsel for the parties, considered their rival submissions and perused the record. 8. The learned Tribunal has awarded the compensation in the following manner;- Medical treatment Rs. 88,189/-; mental and physical agony- Rs.20,000/-, Nutritional Diet- Rs. 5000/- and conveyance allowance-Rs. 5000/-. Hence, total awarded compensation of Rs. 1,18,000/- 9. Having thus considered the rival submission and also after perusing the record, it appears that the compensation requires to be enhanced and this Court after assessing the evidence on record, looking to the injuries, ends of justice would be served by awarding 20,000/- in addition to the award already awarded would make the compensation 4 just and proper. Therefore, the appeal is partly allowed and therefore, the respondent No.3/Insurance company shall pay the amount of Rs. 20,000/- with interest @6% the enhanced amount of compensation from the date of appeal i.e. 14.02.2020 to be deposited within a period of 60 days. 10.Accordingly, the appeal is allowed in part. Sd/- (Sachin Singh Rajput ) Judge Ami AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.09.26 12:50:54 +0530