Page No.1 of 4 IN MAC-324-2022 2025:CGHC:49048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 324 of 2022 [Arising out of award dt.27.07.2021, passed in Claim Case No.69/2019 (Abhishek Sidar @ Golu Sidar v. Radhelal Rajak and others) by the 5th Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] Abhishek Sidar @ Golu Sidar S/o Laxmi Narayan Singh Aged About 22 Years R/o Village Parasahi, P.S. Seepat, District - Bilaspur Chhattisgarh. ... Appellant Versus 1 - Radhelal Rajak S/o Dayaram Rajak Aged About 40 Years R/o Jhabar, P.S. - Dipka, District Korba Chhattisgarh. (Driver - Vehicle No. Cg12 S 4541) 2 - Mohd. Salim Meman S/o Mohd. Abdul Rajjak Aged About 24 Years R/o Purani Basti Korba, District - Korba Chhattisgarh. (Owner- Vehicle Cg 12 S 4541) 3 - Branch Manager United India Insurance Company Ltd. Branch Office, Gurukripa Tower, 2nd Floor, Opposite Ambar Auto Mobile, Vyapar Vihar Road, Bilaspur, Tehsil And District - Bilaspur Chhattisgarh. Present Address - 1st Floor, Lic Building, Magarpara Road, Bilaspur, Tehsil And District Bilaspur Chhattisgarh. ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Ms. Shrishti Upadhaya, Advocate For Respondent No.1-2 : None though served. For Respondent No.3 : Mr. Dashrath Gupta, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-324-2022 (Order on Board) 24.08.2025 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 27.07.2021, passed in Claim Case No.69/2019 (Abhishek Sidar @ Golu Sidar v. Radhelal Rajak and others) by the 5th Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.1,55,000/- as compensation alongwith interest @ 7.5% from the date of claim, for the injuries sustained by the appellant in the accident occurred on 17.09.2018. 2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. In the present case, the appellant is aged about 22 years remained hospitalized and has suffered severe injuries, however, the learned tribunal has only awarded compensation to the tune of Rs.1,55,000/- under different heads, which is not just and proper. Therefore, the instant appeal be allowed and the compensation under the heads of future medical expenses and pain and suffering awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the Page No.3 of 4 IN MAC-324-2022 Tribunal is justified in assessing the compensation awarded to the appellant. The amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. Therefore, the present appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, learned Claims Tribunal after appreciating the oral and documentary evidence available on record, proceeded to award total compensation of Rs.1,55,000/- to the appellant herein, in which, Rs.1,46,000/- has been awarded towards Medical Expenses; Rs.4,000/- towards pain and suffering alongwith future medical expenses; Rs.5,000/- towards diet and trasportation, which under the peculiar facts and circumstances of the present case, where the appellant is aged about 22 years and has suffered severe injuries in the accident in question, is not just and proper. Therefore, under the heads of future medical treatment expense, pain and suffering and special diet, the appellant is held entitled for an additional amount of Rs.1,00,000/- in total. 6. Consequently, the amount of compensation of Rs.1,55,000/- awarded by the Claims Tribunal is enhanced to Rs.2,55,000/-. Hence, after deducting the amount of Rs.1,55,000/-, the appellant is held entitled for an additional amount of Rs.1,00,000/-. The concerned Page No.4 of 4 IN MAC-324-2022 respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 14.01.2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. 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 s@if