1 2026:CGHC:21943 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 617 of 2020 1 - Tijuram Nishad S/o Late Bodhiram Nishad Aged About 55 Years R/o Village Paragaon, Police Station Arang, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant versus 1 - Keshav Vishal S/o Pavitra Vishal R/o Vlijori, Police Station Bargadh, District Bargadh Odisha (Driver Of Vehicle No. Od-15- D-8318), Orissa 2 - Jitu Bhoi S/o Narayan Bhoi R/o Rengarpali Camp, Bargadh, Police Station Bargadh, District Odisha. (Owner Of Vehicle No. Od-15-D-8318), Orissa 3 - National Insurance Company Ltd. Through Divisional Manager, National Insurance Company Ltd., Ge Road Raipur, Tahsil And District Raipur, Chhattisgarh. ( Insurer Vehicle No. Od-15-D-8318), District : Raipur, Chhattisgarh ... Respondent(s) 2 For Appellant : Mr. Anumeh Shrivastava, Advocate (through video conferencing) For Respondent 3 : Mr. Prasanjeet Dutta on behalf of Mr. Sudhir Agrawal, Advocates SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant seeking enhancement of compensation, challenging the impugned award dated 28/11/2019 (Annexure A/1) passed by learned 4th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 419/2016 whereby compensation of Rs. 4,78,375/- has been awarded in favour of the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the compensation awarded by the Claims Tribunal is grossly inadequate and deserves to be enhanced 3 considering the injuries suffered by him and the treatment undergone by him accordingly. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the record would show that on account of the accident, the appellant/claimant suffered multiple fractures in his right leg as well as in his left hand and he also suffered grievous injury in the back of his head due to which he had to undergo prolonged treatment. Thus, considering the nature of injuries suffered by the appellant/claimant as well as other facts and circumstances of the case, this Court is calculating the compensation as stated below :- 4 Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Medical Expenses Rs. 3,76,875/- Rs. 3,76,875/- Attendant’s fee Rs. 8,500/- Rs. 8,500/- Nutritional Diet, Conveyance and other expenses Rs. 25,000/- Rs. 50,000/- Pain and suffering Rs. 50,000/- Rs. 75,000/- Loss of income Rs. 18,000/- Rs. 18,000/- Future Treatment NIL Rs. 25,000/- Total Rs. 4,78,375/- Rs. 5,53,375/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 4,78,375/- awarded by the Claims Tribunal is enhanced to Rs. 5,53,375/-. Hence, the claimant is held entitled for an additional compensation of Rs. 75,000/-. Respondent No. 3/Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal 5 i.e. 13.07.2016 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein- above. Sd/- (Sanjay K. Agrawal) Judge Harneet