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2026 DAILYLAW 23760 (CHH)

KU. MADHUMITA YADAV v. HUSSAIN KHAN

MAC/1815/2019 · 2026-06-29

Shri Sanjay K Agrawal

body2026

Judgment text

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1 2026:CGHC:26602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1815 of 2019 Ku. Madhumita Yadav, D/o. Nakul Yadav, Aged About 10 Years, Minor Through Legal Guardian Father Nakul Yadav, S/o. Raghu Yadav, Aged About 35 Years, R/o. Village Paterapali, Post B.K. Bahra, P.S. Bagbahara, District Mahasamund, Chhattisgarh...............Claimant ... Appellant versus 1 - Hussain Khan, S/o. Chand Khan, Aged About 28 Years, R/o. Village Sinodha, Police Station Patewa, Tahsil And District Mahasamund Chhattisgarh....(Driver Of Alleged Offending Vehicle Mini Bus Bearing Registration No. CG-06A-0501) 2 - Trilok Singh, S/o. Late Kartar Singh, Aged About 55 Years, R/o. Gurudwara Para, Bagbahra, District Mahasamund, Chhattisgarh........(Registered Owner Of Alleged Offending Vehicle Mini Bus Bearing Registration No. CG-06A-0501) 3 - Branch Manager, The New India Insurance Company Limited, Divisional Office, Madina Building, Jail Road, Raipur, District Raipur Chhattisgarh.............(Insurer Of Alleged Offending Vehicle Mini Bus Bearing Registration No. CG-06A-0501). ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.06.30 17:02:23 +0530 2 For Appellant : None appeared. For Respondent No.3 : Mr. Samir Singh, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 30.06.2026 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 06.07.2019 passed by learned Additional Motor Accident Claims Tribunal (Fast Track Court) Mahasamund (for short “the Claims Tribunal”) in Claim Case No.H-88/2017, by which the claim application of the claimant has been allowed and an amount of Rs.1,00,000/- has been awarded as compensation to the claimant along-with interest @ 9% per annum from the date of filing of claim application for the injuries suffered by her in the accident occurred on 07.04.2015. 2. Perusal of the record would show that just & proper compensation has not been awarded to the claimant by the learned Claims Tribunal, therefore, the amount of compensation deserves to be enhanced. 3 3. Learned counsel for the insurance company/ respondent No.3, would submit that the amount of compensation awarded by the Claims Tribunal is just & proper, which does not call for any interference. 4. After going through the record, it appears that only Rs.1,00,000/- has been awarded as compensation, which is very meager amount and, therefore, Rs. 50,000/- more is awarded to the appellant/ claimant in addition to the amount already awarded by the learned Claims Tribunal. Hence, the claimant is entitled for an amount of Rs. 50,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. The concerned respondent 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 a copy of this order. The additional amount of compensation shall also 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. 5. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Ashok Judge