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2026 DAILYLAW 20700 (CHH)

SHASHIKANT TAMRAKAR v. RAVI KUMAR AGRAWAL

MAC/1902/2019 · 2026-05-06

Shri Sanjay K Agrawal

body2026

Judgment text

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1 2026:CGHC:21387 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1902 of 2019 1 - Shashikant Tamrakar S/o Devanand Tamrakar Aged About 28 Years Caste Thathera, Occupation - Teacher, R/o Mishra Basti, Bhatthi Road Kedarpur, Ambikapur, Police Station And Tahsil Ambikapur, District - Sarguja, Chhattisgarh. ... Appellant versus 1 - Ravi Kumar Agrawal S/o Suresh Kumar Aged About 34 Years Caste - Agrawal, Occupation - Transporting, R/o Church Road Kedarpur Ambikapur, Police Station And Tahsil - Ambikapur, District - Sarguja, Chhattisgarh, 2 - Ali Ahmad S/o Mohammad Nasir Aged About 27 Years Caste - Muslim, Village Pandri, Police Station Raghunath Nagar, Tahshil Wadrafnagar, District - Balrampur Ramanujganj, Chhattisgarh. 3 - Shree Ram General Insurance Company Ltd. Office - E-8, Reco Industrial Area, Sitapura, Jaipur, Rajasthan 342022. ... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.05.08 14:42:12 +0530 2 For Appellant : Mr. K.K. Prajapati appears on behalf of Mr. D.N. Prajapati, Advocate. For Respondent No.3 : Miss Vartika Shrivastava appears on behalf of Mr. P.R. Patankar, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/05/2026 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 25.9.2019 passed by the 2nd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (for short ‘the Claims Tribunal’) in Claim Case No.239/2018 by which compensation of Rs.2,62,277/- was awarded by the Claims Tribunal in favour of the appellant. 2. Mr. K.K. Prajapati, learned counsel for the appellant/claimant would submit that the Claims Tribunal was not justified in awarding meagre amount of compensation of Rs.2,62,277/- in favour of the appellant, as in the accident, the appellant received serious injuries on his head, right hand, leg and his right hand was operated but in spite of that he is unable to perform his daily routine work. As such, looking to the injuries, the amount of compensation may be suitably enhanced. 3 3. On the other hand, Miss Vartika Shrivastava, 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. 5. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that just and proper compensation has not been awarded by the Claims Tribunal, which is on the lower side. Accordingly, additional amount of Rs.50,000/- is granted in favour of the appellant/claimant. The Insurance Company is directed to deposit the amount of compensation within a period of 45 days 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