Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 18409 (CHH)

MAHENDRA KUMAR v. SANTOSH KUMAR SINGH

MAC/1994/2023 · 2026-03-18

Shri Sachin Singh Rajput

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:13279 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1994 of 2023 1. Mahendra Kumar S/o Brij Mohan Lal Yadav Aged About 45 Years R/o Deepka Jyoti Nagar, Ward No. 02, Thana Deepka Tahsil Katghora, District Korba Chhattisgarh. ... Appellant versus 1. Santosh Kumar Singh S/o Rajendra Singh Aged About 37 Years R/o Torwa, Vivekakand Nagar, Ward No. 36 Near Shekhar Grocery Stores, Thana Torwa, Tahsil And District Bilaspur Chhattisgarh (Driver Of The Offending Vehicle Pickup No. C.G. 10/ax./8104). 2. M/s Philcol Beneficiation Private Limited R/o Corporate Office Mahima Trade Center, 3rd Floor Hansha Vihar, Shrikant Varma Marg Bilaspur, Thana Tarbhar, Tahsil And District Bilaspur Chhattisgarh. (Owner Of The Offending Vehicle Pickup No. C.G. 10/ax./8104). 3. Branch Manager, The New India Insurance Company Limited, Branch Office, Rama Trade Center, 2nd Floor Old Bus Stand, In Front Of Rajeev Plaza, Thana Civil Line, Tahsil And District Bilaspur Chhattisgarh. (Insurer Of The Offending Vehicle Pickup No. C.G. 10/ax./8104). ... Respondents For Appellant : Ms. Shalini Jangde, Advocate For Respondent No.3 : Shri Abhishek Mishra, Advocate (Hon’ble Shri Justice Sachin Singh Rajput) Order on Board dated 19/03/2026 2 IA No. 01/2023 for condonation of delay in filing the appeal is allowed and the delay is condoned. 2. With the consent of the parties the matter is heard finally. 3. This appeal under Section 173 of the Motor Vehicle Act (for short “MV Act”) is against the impugned award dated 27.01.2023 passed by Additional Motor Accident Claims Tribunal (for short “Tribunal”) Bilaspur, CG, in Claim Case No. 596/2021. 4. This is an appeal for enhancement of the compensation amount for the accidental injury and permanent disability of the appellant/claimant. Learned Tribunal awarded Rs. 2,33,800/- as compensation as against the claimed one Rs. 13,00,000/-. 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 as- pects 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. 1,50,000/- for medical treatment taken; for loss of income Rs. 28,800, Rs. 25,000/- for pain and suffering; Rs. 10,000/- for nutritional diet, transportation 3 and attendant expenses each. This is an appeal for enhancement of the com- pensation amount for the accidental injury and permanent disability of the appellant/claimant. Learned Tribunal awarded Rs. 1,33,800 as compensation as against the claimed one Rs. 13,00,000/-. Hence this appeal. 9. Having seen the material available on record, considered the extent of disability suffered by the claimant, and keeping in view the settled legal posi- tion, this Court is of the considered opinion that the compensation awarded by the Tribunal is fully justified. However, this Court awards a sum of Rs. 10,000/- 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: 2026.03.27 17:20:17 +0530