Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:21945
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 526 of 2019 1 - Kamlesh Talreja S/o Rajkumar Talreja, Aged About 21 Years R/o Ward No. 24, Aamdi Nagar Hudko Sindhi Colony, Police Station Mohan Nagar, Durg District Durg Chhattisgarh. (Claimant ), District : Durg, Chhattisgarh
... Appellant versus 1 - Khileshwar Singh S/o Thakur Ram, Aged About 31 Years R/o Ghasidas Nagar, Near Shailputri School Jamul, Police Station Jamul, Tahsil And District Du15 ptrg Chhattisgarh., District : Durg, Chhattisgarh 2 - The New India Insurance Company Limited, Through The Divisional Office In Front Of Chandra - Morya Talkies Chouhan State G.E. Road Camp - 1 Bhilai, Tahsil And District Durg Chhattisgarh. Branch Office Dubey Complex G.E. Road Champ - 1
2 Bhilai, Tahsil And District Durg Chhattisgarh. ( Insurer Track No. C.G. 08-B/1429), District : Durg, Chhattisgarh
... Respondent(s) For Appellant : Ms. Surbhi Yadav on behalf of Mr. Hemant Kumar Agrawal, Advocate For Respondent No. 2 : Ms. Pooja Yadav on behalf of Mr. Shivendu Pandya, 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 03/12/2018 (Annexure A/1) passed by learned 7th Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 0000379/2017 whereby compensation of Rs. 1,69,000/- has been awarded in favour of the appellant/claimant for the injuries suffered by him.
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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 considering the injuries suffered by the appellant 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 injuries on his right hand and eye. 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 For Loss of income Rs. 60,000/- Rs. 90,000/- Medical Bills Rs. 69,500/- Rs. 69,500/- Pain and Suffering Rs. 10,000/- Rs. 45,000/- Special Diet Rs. 7,000/- Rs. 30,000/- Attendant’s fee Rs. 7,000/- Rs. 30,000/- Transportation Rs. 2,500/- Rs. 15,000/- Future Medical Treatment Rs. 10,000/- Rs. 25,000/- Total Rs. 1,69,000/- Rs. 3,04,500/-
7. In view of the aforesaid analysis, the amount of compensation of Rs. 1,69,000/- awarded by the Claims Tribunal is enhanced to Rs. 3,04,500/-. Hence, the claimant is held entitled for an additional compensation of Rs. 1,35,500/-. Respondent No. 2/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 @ 9% per annum from the date of filing of claim application before the Tribunal
5 i.e. 10.10.2017 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