1 2026:CGHC:14337 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1871 of 2024 Karan Kumar Bariha S/o Sukaluram Bariha Aged About 19 Years R/o Village- Khuteri, Post- Barekela Thana And Tahsil- Pithoura, District Mahasamund, Chhattisgarh. (Claimant) ... Appellant versus 1 - Biselal Dhruv S/o Manrakhan Dhruv Aged About 42 Years R/o Village- Banskuda, Thana- Tumgaon, Tahsil And District- Mahasamund, C.G. (Driver Of The Offending Vehicle Mini Bus No. C.G./24/h./0105) (Driver). 2 - Kaushal Patel S/o Bhugdev Patel Aged About 50 Years R/o Village Tenduvahi, Post- Raitum, Thana- Pateva, Tahsil And District- Mahasamund, C.G. (Owner Of The Offending Vehicle Mini Bus No. C.G./04/h./0105). 3 - Branch Manager The New India Insurance Company Limited, Divisional No. 2, Bhartiya Jivan Bima Compound Pandari Raipur District - Raipur, C.G. (Insurer Of The Offending Vehicle Mini Bus No. C.G./04/h./0105). ... Respondents For Appellant : Ms. Shalini Jhangde, Advocate For Res. No. 3 : Mr. Mohd. Azad Siddiqui, Advocate AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2026.04.06 18:19:41 +0530 2 Hon'ble Shri Justice Sachin Singh Rajput Order On Board 25/03/2026 1. This Appeal under Section 173 of the Motor Vehicles Act, 1988(for short”M.V. Act) has been filed by the appellant/claimant, being aggrieved by the award dated14.02.2024 passed by the 1st Additional Motor Accident Claims Tribunal, District- Mahasamund (C.G.) in Claim Case No. 70/2020. 2. By the impugned award the learned Tribunal has awarded compensation of Rs. 93,812/- to the appellant/claimant against a claim of Rs. 8,00,000/- on account of the injuries sustained by the appellant-Karan Kumar Bariha in an accident that took place on 16.11.2019 by rash and negligent driving of the offending vehicle (Mini Bus) bearing registration No. CG24H/0105, driven by driver/respondent No. 1, owned by Owner/respondent 2. As a result of the said accident, the appellant/Karan Kumar Bariha sustained severe injuries on various parts of the body due to which, appellant spend huge amount of his treatment and had gone through surgery of right leg and suffered permanent disability in his right leg. 3. As per the pleadings, at the time of accident the appellant/Karan Kumar Bariha was aged about 19 years and was working as labourer and doing agricultural work and used to earn of Rs. 300/- per day. Due to injury sustained by him he is unable to do his work and lost 100% efficiency. 4. Respondent Nos. 1 & 2/Driver and Owner remained ex-parte before the learned Tribunal and they did not file the written statement. 3 5. On the basis of the above pleadings, the learned Tribunal has framed five issues and after appreciating the material available on record decided the same in favour of the appellant/claimant and awarded above stated compensation. 6. Learned counsel for the appellant/claimant submits that amount of compensation is on the lower side. Hence, suitable enhancement may be made by this Court. 7. Mr. Siddiqui, learned counsel for respondent No. 3 supports the award and submits that in view of the evidence available on record finding of the learned Claims Tribunal is justified and just compensation has been awarded. He further submits that the learned Claims Tribunal has rightly passed the order of “pay and recover,” which is legally sound, as there was a violation of the insurance policy inasmuch as the offending vehicle was being operated without a valid permit at the time of the accident. 8. I have heard learned counsel for the parties, considered their rival submissions and perused the records. 9. The learned Tribunal after meticulous examination of the evidence, awarded Rs. 12,000/- for loss of income; Rs. 61,812/- for treatment; Rs. 10,000/- for pain & suffering; Rs. 5,000/- for Nutritional diet and Rs. 5,000/- for transportation, hence the learned Tribunal awarded total compensation of Rs. 93,812/- to the appellant/claimant. 10. In view of evidence available on record, this Court is of the view that ends of justice would meet if an additional compensation of RS. 15,000/- be awarded under all relevant heads to make the compensation just. 4 11. The appeal is allowed in part and the compensation amount is enhanced to Rs. 15,000/- in addition to the amount awarded by the learned Claims Tribunal. Sd/- (Sachin Singh Rajput ) Judge Ami