1 2026:CGHC:8383 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 523 of 2022  Smt. Rajiya Siddiqui W/o Mohd. Syed Siddiqui Aged About 33 Years R/o House No. F-17 S.E.C.L. 15, Block Korba, Tahsil And District Korba (C.G.) ... Appellant versus 1. Jaspal Singh Flora S/o Sukdev Singh Flora Aged About 47 Years R/o Near- Hotel Centre Point Korba Tahsil And District- Korba (C.G.) (Driver And Owner Of The Offending Vehicle Mahindra Xuv No. Cg 12 Ag 1234) 2. Bajaj Alliance General Insurance Company Limited Through- Divisional Manager, Bajaj Alliance General Insurance Company Limited, Branch Office, Shivmohan Bhavan, Vidhan Sabha Road, Pandri, Raipur Tahsil And District- Raipur (C.G.) ... Respondent(s) For Appellant : Mr. Vikas Kumar Pandey, Advocate holding the brief of Mr. P.R. Patankar, Advocate For Respondent No. 1 : Ms. Nupur Trivedi, Advocate For Respondent No. 2 : Ms. Priya Kaiwart, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.02 .2026 1. The appellant/claimant has preferred this appeal for enhancement of compensation assailing the judgment and award passed by the learned Motor Accident Claims Tribunal, Korba passed in Claim Case No. 93/2018 dated 06.10.2024, whereby the learned Tribunal has granted a sum of Rs. 3,95,307/- with interest at the rate of 7% per annum on account of injuries sustained by the claimant. 2. Mr. Pandey would submit that the motorbike of the claimant was dashed by Mahindra XUV bearing registration No. CG 12 AG 1234 on the date of SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.02.17 17:35:38 +0530 2 accident i.e. on 22.04.2017. He would submit that in said accident, the claimant sustained serious injuries including fracture of knee bone and shoulder. Mr. Pandey would submit that the claimant remained hospitalized from 24.04.2017 to 08.05.2017. It is also contended that the Medical Board has issued permanent disability certificate to the extent of 40%. He would contend that the learned Tribunal has granted meager amount on conventional heads. He would pray to enhance the compensation. 3. On the other hand, learned counsel appearing for respondents would oppose. They would submit that the learned Tribunal assessed functional disability to the extent of 16.12% and computed loss of income accordingly. They would contend that the learned Tribunal has granted fair compensation on conventional heads and appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 5. The learned Tribunal has considered permanent disability and assessed functional disability to the extent of 16.12%. The learned Tribunal computed the loss of income based on disability and awarded Rs. 2,16,653/-. The learned Tribunal further awarded a sum of Rs. 1,12,654/- for medical expenses incurred in treatment; Rs. 21,000 for loss of earning during course of treatment; Rs. 5,000/- for special diet; Rs. 10,000/- for transportation and Rs. 30,000 for pain and suffering. It appears that the learned Tribunal has not granted compensation for attendant and further awarded meager amount for special diet; thus, the compensation granted by the learned Tribunal requires reconsideration. 6. Taking into consideration the nature of injuries sustained by the claimant and period of hospitalization, in my opinion, the claimant is entitled to receive a sum of Rs. 10,000/- for attendant and total Rs. 15,000/- for 3 special diet. Thus, the claimant is held entitled for an additional amount of Rs. 20,000/- with interest at the rate of 7% per annum. The Insurance Company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. Rest of the conditions of impugned award shall remain intact. Sd/- (Rakesh Mohan Pandey) Judge $iddhant