Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44455
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 321 of 2022 Kunjdas Manikpuri, S/o. Itwari Das, Aged About 43 Years, R/o. Village Parasahi, Police Station Seepat, District Bilaspur, Chhattisgarh. ... Appellant versus 1 - Radhelal Rajak, S/o. Dayaram Rajak, Aged About 40 Years, R/o. Jhabar, Police Station Dipka, District Korba, Chhattisgarh (Driver - Vehicle No.CG 12 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 No. 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 (Insurer Vehicle No. C G 12 S 4541). ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.02 10:33:50 +0530
2 For Appellant : Ms. Shristi Upadhyay, Advocate For Respondent No.3 : Mr. Dashrath Gupta, Advocate
(Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 01.09.2025
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant against the impugned award dated 27.07.2021, by which the learned Claims Tribunal has awarded an amount of compensation of Rs. 28,750/- for the injuries suffered by the appellant on the head & knee on the accident occurred on 17.09.2018. 2. Ms. Shristi Upadhyay, learned counsel for the appellant would submit that very meager amount has been awarded by the learned Claims Tribunal, which may kindly be enhanced, as just and proper compensation has not been awarded to the appellant. 3. Mr. Dashrath Gupta, learned counsel for the insurance company/ respondent No.3 would support the impugned award and submit that the appeal of the appellant is liable to be dismissed. 3
4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. After hearing learned counsel for the parties and after going through the record, it would be appropriate to enhance the amount of compensation of Rs. 28,750/- to Rs. 75,000/-. Accordingly, after deducting Rs. 28,750/- as awarded by the Claims Tribunal from the compensation amount of Rs.75,000/-, the appellant/claimant is entitled to receive an additional amount of Rs. 46,250/-.
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 copy of this award. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok