Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:21502
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1201 of 2019 Smt. Roshni Sahu, W/o. Late Govardhan Sahu, Aged About 42 Years, R/o. Village And Post - Kopra, Police Station - Panduka, Tahsil - Rajim, District Gariyaband, Chhattisgarh. Present R/o Village - Tamaseoni, Police Station Arang, District Raipur, Chhattisgarh.
…..Appellant Claimant versus 1 - Mohan Lal Sahu, S/o. Salik Ram Sahu, Aged About 29 Years, R/o. Village - Koundkera, Police Station And Tahsil - Rajim, District Gariyaband, Chhattisgarh. (Driver Of Vehicle Hyundai Car Bearing Registration No. CG 07/AB/7002). 2 - Santosh Kumar Sahu, S/o. Ram Ji Sahu, Aged About 25 Years, R/o. Village - Koundkera, Police Station And Tahsil - Rajim, District Gariyaband, Chhattisgarh. (Registered Owner Of Vehicle Hyundai Car Bearing Registration No. CG 07/AB/7002). 3 - The Branch Manager, The Oriental Insurance Company Limited, Through Branch Manager, Branch Office, Madian Mandir, Jail Road, Raipur, Tahsil And District Raipur, Chhattisgarh. (Insurer Of Vehicle Hyndai Car Bearing Registration No. CG 07/AB/7002).
... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.07 17:08:06 +0530
2 For Appellant : Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate For Respondent No.3 : Mr. Anil Gulati, Advocate (Single Bench) Hon'ble Shri Justice
Sanjay K. Agrawal
Judgment on Board 0 7 . 0 5 .202
6
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 12.10.2018 passed by learned Chief Motor Accident Claims Tribunal, Raipur (for short “the Claims Tribunal”) in Claim Case No.683/2017, by which the claim application of the claimant has been allowed and an amount of Rs.1,06,315/- has been awarded as compensation to the claimant for the injuries suffered by her in the accident occurred on 22.11.2016.
2. Ms. Pooja Yadav, learned counsel appearing for the appellant/ claimant, would submit that just & proper compensation has not been awarded to the claimant by the learned Claims Tribunal and, as such, the amount of compensation be enhanced suitably.
3. Mr. Anil Gulati, learned counsel appearing for the insurance company/ respondent No.3, would submit that the amount of
3 compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference.
4. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and gone through the records minutely.
5. After hearing learned counsel appearing for the parties and going through the record and further considering the fact that the claimant had suffered 45% disability for three years as per Ex.P-8, this Court is re-computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of earning during treatment Rs. 10,000/- Rs. 40,000/- Medical Bills Rs. 72,315/- Rs. 72,315/- Pain & Sufferings Rs. 10,000/- Rs. 50,000/- Transportation Rs. 10,000/- Rs. 10,000/- Special Diet Rs. 1,500/- Rs. 10,000/- For Attendant Rs. 2,500/- Rs. 10,000/- Future Treatment Nil Rs. 20,000/- Loss of Amenities Nil Rs. 20,000/- Total Rs. 1,06,315/- Rs. 2,32,315/-
4
6. In view of the aforesaid analysis, the amount of compensation of Rs. 1,06,315/- awarded by the Claims Tribunal is enhanced to Rs. 2,32,315/-. Hence, after deducting the amount of Rs. 1,06,315/- already awarded by the Claims Tribunal, the appellant/claimant is entitled for an additional amount of Rs. 1,26,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. 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.
7. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.
Sd/- (Sanjay K. Agrawal) Judge Ashok