1 2026:CGHC:11771 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1934 of 2023 Narayan Suryavanshi, S/o Late Dharam Suryavanshi Aged About 38 Years R/o Village Gudi, P.S. Seepat District Bilaspur, Chhattisgarh. ... Appellant versus 1 - Ritesh Sahu S/o Bhagwat Prasad Sahu Aged About 39 Years R/o Chingrajpara, Amraiya Chowk, P.S. Sarkanda, District Bilaspur Chhattisgarh (Driver Of Offending Vehicle Bus Bearing Registration No. C.G. 10/1604) 2 - Ashish Sharma S/o Bhola Prasad Sharma Aged About 37 Years R/o Vyapar Vihar, Near Deendayal Market, M.P. Complex, Bilaspur, District Bilaspur Chhattisgarh (Owner Of Offending Vehicle Bus Bearing Registration No. C.G. 10/1604) 3 - Branch Manager United India Insurance Company Ltd. Branch Office- Gurukripa Tower, Second Floor, Vyapar Vihar Road, Infront Of Ambar Auto Mobiles, P.S. Civil Line, Tahsil And District Bilaspur Chhattisgarh (Insurer Of Offending Vehicle Bus Bearing Registration No. C.G. 10/1604) ... Respondent(s) For Appellant : Mr. Pawan Kumar Kashyap, Advocate For Respondent No. 1 & 2 For Respondent No. 3 : : None Mr. Pravesh Sahu holding brief of Mr. Dashrath Gupta, Advocate 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 12/03/2026 1. Heard on I.A. No. 01/2023, application for condonation of delay under Section 5 of the Limitation Act. 2. Mr. Pawan Kumar Kashyap would submit that this appeal has been preferred by the claimant for enhancement of compensation assailing the judgment and award passed by learned 10th Additional Motor Accident Claims Tribunal Bilaspur, District- Bilaspur (C.G.) in Motor Accident Claims Case No. 391/2021, whereby the learned tribunal has awarded compensation of Rs. 54,702/- with interest @ 9% per annum on account of injuries sustained by the claimant. It is also contended that appeal has been preferred with delay of 81 days. He would submit that sufficient reasons have been assigned for application of condonation of delay. 3. On the other hand, Mr. Pravesh Sahu would oppose. 4. Heard. 5. Having considered the submission made by Mr. Kashyap and reasons assigned in the application, I.A. No. 01/2023 is allowed and the delay caused in filing the appeal is hereby condoned. 6. Admit. 7. With the consent of the parties, the matter is heard finally. 8. The facts in brief is that on 22.06.2020 the claimant was going towards Bilaspur as a pillion rider on motorcycle bearing 3 registration no. CG 10 AT 3537 and when the bike reached near bus stand, the offending bus bearing registration no. CG 10/1604 dashed the motorcycle resultantly claimant Narayan Suryavanshi sustained injuries over right hand, left leg and other parts of body. The claimant filed the claim case claiming therein a sum of Rs. 9,50,000/-. 9. Mr. Pawan Kumar Kashyap would submit that the claimant remained hospitalised for a period of 3 months but learned tribunal has not granted adequate compensation for transportation, special diet, pain and suffering and attendant. He would pray to enhance the compensation. 10. On the other hand, Mr. Pravesh Sahu would submit that the claimant failed to examine the treating doctor. It is further contended that the claimant did not suffer any permanent disability. It is argued that the learned tribunal has granted just and proper compensation and appeal deserves to be dismissed. 11. I have heard learned counsel for the parties and perused the record. 12. The learned tribunal has granted compensation as under: S.No. Heads Amount 1. Loss of income Rs. 26,580/- 2. Medical expenses Rs. 3122/- 3. Transportation expenses Rs. 5000/- 4. Special diet Rs. 5000/- 5. Pain and suffering Rs. 10,000/- 6. Attendant Rs. 5000/- 7. Total Rs. 54,702/- 4 13. It is not in dispute that the claimant could not examine the treating doctor. It is an admitted fact that the claimant didn’t suffer permanent disability. He remained hospitalised. The documents placed on record would show that the claimant remained hospitalised from 13.07.2020 to 19.07.2020. The learned tribunal has granted a sum of Rs. 26580/- for a loss of earning for a period of 3 months. Though it is not proved that the claimant remained hospitalised or in bed for a period of 3 months but the learned Tribunal considered the nature of injuries sustained by the claimant and granted said amount. 14. The learned tribunal further granted a sum of Rs. 3122/- against medical bills, Rs. 5000/- for transportation, Rs. 5000/- for special diet, Rs. 10,000/- for pain and suffering and Rs. 5000/- for attendant. The learned tribunal has granted just and proper compensation and in my opinion, the award passed by the learned tribunal does not warrant interference. 15. Accordingly, appeal fails and is hereby dismissed at the early stage. Sd/- (Rakesh Mohan Pandey) JUDGE Madhurima