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2026 DAILYLAW 12095 (CHH)

NARESH PATEL v. KHEMRAJ PATEL

MAC/592/2023 · 2026-03-31

Shri Sachin Singh Rajput

body2026

Judgment text

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1 2026:CGHC:15182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 592 of 2023 Naresh Patel S/o Shree Shivram Patel aged about 21 years R/o Village Baanipali, Post Amarkot Tehsil Saraipali District Mahasamund Chhattisgarh ... Appellant/claimant versus 1. Khemraj Patel S/o Shri Fagulal Patel aged about 26 years R/o Village Kendumudi, Thana And Tehsil Saraipali District Mahasamund Chhattisgarh (Driver Vehicle No. C.G. G H 7566) 2. Manbodh Patel S/o Shyamlal Patel aged about 37 years R/o Kendumudi, Thana And Tehsil Saraipali District Mahasamund Chhattisgarh 3. Minketan Patel S/o Trilochan Patel, R/o Village Durugpali, Post Rasoda, Thana Basna, District Mahasamund Chhattisgarh (Owner Of Vehicle Trolley No. C.G. 06 C.J. 2244) 4. Manager Cholamandalam M.S. General Insurance Company Lmited 2nd Floor, Somran Tower,pandri Road Opposite L I C Building, Raipur Chhattisgarh (Insurer of Vehicle Tractor No. C.G.06 G H 7566) 5. Liberty Videocon General Insurance Company Limited R/o 120, M.M.Silver Plaza, 1st Floor, Ring Road No. 01, Telibandha Raipur District Raipur Chhattisgarh (Insurer Of Vehicle Trolley Number C G 06 G J 2244) ... Respondents For appellants : Ms. Shruti Shrivastava, Advocate For Respondents 1 to 3 : Shri Suraj Patel advocate on behalf of Shobhit Mishra, Advocate For R-4 : Ms. Jeslin Gulati, Advocate (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board dated 01/04/2026 2 This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 13.12.2017 passed by Additional Motor Accident Claims Tribunal (for short “Tribunal”) Raipur, CG, in Claim Case No. 306/2019. 4. This is an appeal for enhancement of the compensation amount for the acci- dental injury and permanent disability of the appellant/claimant. Learned Tribunal awarded Rs. 96,965/- as compensation as against the claimed one Rs. 11,00,000/-. Hence this appeal. 5. Counsel for the appellant submits that learned Tribunal has committed an error in not properly appreciating the material available on record in its proper perspective. She submits that the injury suffered by the claimant and the disability resulting from that has not been considered by learned Tribunal while assessing the compensation, and for that the award needs to enhanced suitably. 6. Counsel for respondent No.3 however supports the award impugned to be just and proper and submits that learned Tribunal has considered all aspects of the matter while assessing compensation, and being so no further enhancement is needed. 7. Heard counsel for the parties and perused the record. 8. Learned Tribunal after considering the material on record has awarded Rs. 25,000/- for injury, pain and suffering; Rs. 500/- each for attendant and nutritional diet, Rs. 3000/- for transportation and Rs. 7,800/- for loss of income and Rs. 51,165/- for medical treatment. This is an appeal for enhancement of the compensa- tion amount for the accidental injury and permanent disability of the appellant/ claimant. Learned Tribunal awarded Rs. 96,965/- as compensation as against the claimed one Rs. 11,00,000/-. Hence this appeal. 9. Having seen the material available on record, considered the extent of dis- ability suffered by the claimant, and keeping in view the settled legal position, this 3 Court is of the considered opinion that the compensation awarded by the Tribunal is fully justified. However, this Court awards a sum of Rs. 25,000/- in addition to what has been awarded by the learned Tribunal but without any interest on that. 10. Appeal is thus disposed of with the aforesaid observations. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.04.06 17:30:51 +0530