1 2026:CGHC:14781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 9 of 2023 1 - Ramkumari Rajak W/o Shivprasad Rajak Aged About 38 Years R/o Ward No. -04, Swami Vivekannad Nagar, Torwa, Police Statation Torwa, District Bilaspur Chhattisgarh. ... Appellant versus 1 - Mo. Aftab S/o Mohammad Vasir Ali, Aged About 28 Years, R/o House No. 143, Ward No. 38, Adarsh Nagar Darogamuda, Police Station Jutmill, District Raigarh Chhattisgarh. (Driver Of The Vehicle Bolero No. C.G. 10 C-6104) 2 - Vasim Ali S/o Mohammad Varis Ali, Aged About 28 Years R/o Sahdev Pali, Raigarh, Police Station Jutmill, District Raigarh Chhattisgarh. (Driver Of The Vehicle Bolero No. C.G. 10 C-6104) 3 - The New India Insurance Company Limited, Through Branch Manager, Office -2nd Floor, Rama Trade Center, In Front Of Rajiv Plaza Old Bus Stand Road, Bilaspur, Tahsil And District - Bilaspur Chhattisgarh, (Insurer Of The Vehicle Bolero No. C. G. 10-6104) ... Respondent(s) For Appellant : Mr. Anand Kesharwani, Advocate For Respondent No. 3 : Mr. Sudhir Agrawal, Advocate For respondent No. 2 : None Hon'ble Shri Justice Sachin Singh Rajput, Order on Board 30.03.2026 1) Heard on I.A. No. 1 an application seeking dispensation of notice to Respondent No. 1. 2) On due consideration, the application is allowed, as Respondent No. 1 had remained ex parte before the learned Tribunal. Accordingly, issuance of notice to Respondent No. 1 is dispensed with. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2026.04.08 10:46:43 +0530 2 3) This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “MV Act”) has been preferred by the appellant/claimant, being aggrieved by the award dated 30.09.2022 passed by the learned 2nd Additional Motor Accident Claims Tribunal( for short learned Tribunal), Bilaspur (C.G.) in Claim Case No. 534/2019, whereby compensation of Rs. 10,286/- has been awarded in an injury case in favour of the appellant/claimant. 4) The appellant/claimant had filed an application under Section 166 of the MV Act on account of injuries sustained in an accident that occurred on 09.02.2018 due to rash and negligent driving of the offending vehicle i.e. Chhota Hathi bearing registration No. CG-10-R-0129. It was pleaded that the appellant/claimant while returning from Village Sonsari after attending a death ritual had boarded the said vehicle to travel to Bilaspur. During the course of the journey a Bolero pick-up vehicle bearing registration No. CG-10-C-6104 driven by Respondent No. 1, owned by Respondent No. 2 and insured with Respondent No. 3 caused the accident due to rash and negligent driving. As a result, the appellant/claimant sustained injuries on her arm, leg, chest and other parts of the body leading to disability. 5) Respondent No. 3/Insurance Company filed its written statement denying the averments made in the claim petition. It was specifically denied that the appellant/claimant suffered any permanent disability. It was further pleaded that the driver of the offending vehicle was not holding a valid and effective driving licence and that there was violation of the terms and conditions of the insurance policy; hence, the Insurance Company is liable to be exonerated from payment of compensation. 6) The learned Tribunal framed as many as six issues and upon appreciation of the evidence decided the same in favour of the appellant/claimant. The Tribunal awarded a sum of Rs. 5,286/- towards loss of earnings Rs. 2,500/- towards physical and 3 mental agony and Rs. 2,500/- towards nutritional diet, totaling Rs. 10,286/- along with interest @ 9% per annum. 7) Learned counsel for the appellant submits that the compensation awarded by the learned Tribunal is meagre. He further submits that considering the nature of injuries sustained and the pain and suffering endured by the appellant/claimant, the compensation deserves to be suitably enhanced. 8) Per contra, learned counsel for Respondent No. 3/Insurance Company supports the impugned award and submits that just and reasonable compensation has been awarded by the learned Tribunal. 9) I have heard learned counsel for the parties and perused the record. 10) Upon perusal of the record and the evidence available, this Court is of the considered opinion that an additional sum of Rs. 20,000/- deserves to be awarded to the appellant/claimant in order to render the compensation just and reasonable. 11) Accordingly, respondent No. 3/Insurance Company is directed to deposit the enhanced amount of Rs. 20,000/- within a period of 60 days from the date of receipt of a certified copy of this order, failing which the said amount shall carry interest @ 6% per annum from the date of this order. However, respondent No. 3 shall be at liberty to recover the said amount from respondent No. 2. 12) The appeal is, accordingly, allowed in part. Sd/- (Sachin Singh Rajput) Judge H.Ansari