Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 12902 (CHH)

MITTHOOLAL v. GANESHRAM KANNAUJE

MAC/2315/2019 · 2026-04-20

Shri Sanjay K Agrawal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:18122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2315 of 2019 1 - Mitthoolal S/o Suraj Gaekwad Aged About 31 Years R/o Village- Rasouta, Police Station And Tehsil- Palari, District- Baloda Bazar- Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ... Appellant (s) versus 1 - Ganeshram Kannauje S/o Late Ghanaram Kannauje, R/o Village- Mohra, Police Station- Suhela, District- Baloda Bazar, Chhattisgarh. (Driver, Vehicle No. Cg / 04 / Hv / 7490), District : Balodabazar- Bhathapara, Chhattisgarh 2 - Konark Tekwal S/o Sunil Aged About 27 Years R/o Village- Near Water Tank, Shankar Nagar, Raipur, Police Station- Mowa, District- Raipur, Chhattisgarh. (Owner, Vehicle No. Cg / 04 / Hv / 7490), District : Raipur, Chhattisgarh 3 - The Oriental Insurance Company Limited, Raipur Through- Branch Manager, R/o Madina Building, District- Raipur, Chhattisgarh. (Insurer, Vehicle No. Cg / 04 / Hv / 7490), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant (s) : Mr. Himanshu Kunjam on behalf of Mr. Anchal Kumar Matre, Advocate. For Respondent No.3 : Mr. P. Dutta, Advocate. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.22 11:13:34 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 21/04/2026 1. The appellant/claimant has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 24.06.2019 passed by the Motor Accident Claims Tribunal, Balodabazar (for short ‘the Claims Tribunal’) in Claim Case No.125/2017 by which liability to pay compensation of Rs.3,40,876/- has been fastened on the Insurance Company. In the present Appeal, the appellant/claimant has prayed for enhancement of the compensation amount. 2. Mr. Himanshu Kunjam, learned counsel for the appellant/claimant would submit that the Claims Tribunal was not justified in awarding an amount of Rs.3,40,876/- as compensation, as the appellant/claimant has suffered serious injuries on his head, left shoulder, left leg and other parts of the body and the amount towards other heads has not been awarded. As such, the impugned award may be modified accordingly. 3. On the other hand, Mr. P. Dutta, learned counsel for respondent No.3 would support the impugned award. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 3 5. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that compensation awarded to the appellant/claimant is on the lower side and, therefore, an additional amount of Rs.60,000/- is awarded. The Insurance Company is directed to deposit the amount of compensation within a period of three months from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 6. With the aforesaid modifications, the Appeal is disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve