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2026 DAILYLAW 10556 (CHH)

SURENDRA KUMAR SONI v. MAHESH KUMAR

MAC/2109/2019 · 2026-05-05

Shri Sanjay K Agrawal

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Judgment text

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1 2026:CGHC:21108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2109 of 2019 1 - Surendra Kumar Soni S/o Late Moti Lal Soni Aged About 61 Years R/o Vaishnav Colony, Balodabazar, P. S. City Kotwali, Balodabazar, District Balodabazar-Bhatapara ChhatÝsgarh, District : Balodabazar-Bhathapara, ChhatÝsgarh ... Appellant versus 1 - Mahesh Kumar S/o Ram Kumar Rajak Aged About 23 Years R/o Sanjay Colony, Balodabazar, P. S. City Kotwali, Balodabazar, District Balodabazar- Bhatapara ChhatÝsgarh.........(Driver Of Offending Vehicle No. Cg-22/ 7342) 2 - Smt. Sharda Soni W/o Surendra Kumar Soni Aged About 55 Years R/o Vaishnav Colony, Balodabazar, P. S. City Kotwali, Balodabazar, District Balodabazar-Bhatapara ChhatÝsgarh.........(Owner Of Offending Vehicle No. Cg-22/ 7342) 3 - Branch Manager The New India Insurance Company Limited, Branch OfÏce Civil Line, Balodabazar, District Balodabazar-Bhatapara ChhatÝsgarh.........(Insurer Of Offending Vehicle No. Cg-22/ 7342). ... Respondent(s) 2 For Appellant : Mr. Anukul Biswas, Advocate For Respondent No. 3 : Mr. Samir Singh, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 06.05.2026 1. The instant appeal under Section 173 of Motor Vehicle Act, 1988 has been preferred by the appellant/claimant seeking enhancement of compensation, challenging the impugned award dated 23/10/2019 passed by learned 3rd Additional Motor Accident Claims Tribunal, Balodabazar in Claim Case No. H- 145/2014 whereby compensation of Rs. 1,04,633/- has been awarded in favour of the appellant/claimant for the injuries sustained by him. 2. Learned counsel for the appellant/claimant would submit that the looking to the injuries suffered by the appellant/claimant, the compensation awarded by the Claims Tribunal is grossly inadequate, therefore, it may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper, as such, the instant appeal is liable to be dismissed. 3 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. A careful perusal of the impugned award would show that the Claims Tribunal has awarded Rs. 92,633/- for medical expenses incurred by the appellant, Rs. 5,000/- for physical and mental agony, Rs. 5,000/- for transportation and Rs. 2,000/- for nutritional food and thereby, granted a total compensation of Rs. 1,04,633/- in favour of the appellant/claimant, however, looking to the injuries suffered by the appellant as well as considering the facts and circumstances of the case, the compensation awarded by the Claims Tribunal appears to be on the lower side. Thus, I deem it appropriate to award an additional sum of Rs. 75,000/- as compensation to the appellant/claimant in addition to the compensation already awarded by the Claims Tribunal. Respondent No. 3 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 order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 15/12/2014 till its realization. 4 Rest of the conditions of the impugned award shall remain intact. 6. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet