1 2026:CGHC:27141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1498 of 2026 1 - Manisha Chandra, Wife Of Bhim Chandra, Aged About 30 Years Resident Of Ward No. 07, Sitamani, Machhali Pasra Gali, Korba, P.S. And District- Korba Chhattiagarh At Present Resident Of Infront Of Guru Ghasidas College Koni, P.S. Koni, Tahsil And District- Bilaspur Chhattisgarh. (Claimant) ... Appellant versus 1 - Durgesh Kumar Chandra Son Of Dhwja Lal Chandra, Aged About 29 Years Resident Of Ward No. 10, Jaijaipur, P.S. Jaijaipur, District- Sakti Chhattisgarh. (Driver And Owner Of Offending Vehicle Car Bearing Registration No. C.G. -11-B G-0138) 2 - Branch Manager, National General Insurance Company Ltd. Branch Office Address- First Floor, Agrawal Chambers Vpayar Vihar Road, Bilaspur, Tahsil And District- Bilaspur Chhattisgarh (Insurer Of Offending Vehicle Car Bearing Registration No. C.G.-11-B G- 0138) ... Respondents For Appellant : Mr. C.K. Sahu, Advocate. For Respondents : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (02.07.2026) 1. Heard on I.A. No. 01/2026, application for condonation of delay under Section 5 of the Limitation Act. Digitally signed by HEERA LAL SAHU Date: 2026.07.03 10:21:28 +0530 2 2. Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed and delay of 95 days in filing the instant appeal is condoned. 3. Also heard on admission. 4. This is the claimant’s appeal against the award dated 16.12.2025 passed by the 2nd Motor Accident Claims Tribunal, Bilaspur, District – Bilaspur (C.G.) in Motor Accident claim case No.1715/2025 whereby a compensation amount of Rs. 41,165/- has been awarded in favour of the claimant. 5. As against the compensation of Rs.20,50,000/- claimed by the claimant/appellant by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (for short ‘the Act’) for injuries sustained in the motor accident on 04.03.2024, the Tribunal awarded a total sum of Rs.41,165/- as compensation along with interest @ 9% per annum till its actual payment. Hence, the appeal for enhancement. 6. Learned counsel appearing for the appellant submits that the claimant has examined the witnesses and has proved the claimant's case that the claimant has a permanent disability due to the accident. He further submits that the learned claims Tribunal has wrongly assessed the income of the injured claimant. As such, the awarded compensation is liable to be enhanced suitably. 7. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned. 8. The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to the rash and negligent driving of a vehicle bearing registration No. CG-11-BG-0138 by its driver/owner, Durgesh Kumar Chandra – respondent No.1 herein; appellant Manisha Chandra sustained injuries in the accident; the tribunal held that the claimant has failed to lead any evidence to prove permanent disability resulting from the accident. No relevant medical documents have been produced, and no medical witness has been examined. Although the 3 claimant deposed in her affidavit that she sustained grievous injuries to her right leg, ribs, hand, waist and head and was admitted to N.K.H Hospital, Korba, the medical documents on record, including the certified X-ray report from N.K.H Super Speciality Hospital, CIMS Hospital, Bilaspur, do not establish any fracture. Further, held that the claimant sustained only simple injuries and that permanent disability was not proved. Hence, a total compensation of Rs. 41,165/- has been awarded in the following manner:- Heads Awarded amount Loss of income Rs. 10,100/- For treatment Rs. 19,065/- Special diet Rs. 5,000/- Transport expenses Rs. 2,000/- Physical and Mental Pain Rs. 5,000/- Total Rs. 41,165/- 9. It is clear from the material available on record that the Claim of permanent disability has not been proved, as no medical documents were filed and no medical witness was examined. The X-ray report produced from CIMS Hospital, Bilaspur, does not show any fracture. The claimant sustained only simple injuries in the accident; permanent disability was not established. Thus, the finding of the Tribunal is based on the evidence available on record, and the quantum assessed by the Tribunal is also just and proper, in which no interference is required. 10. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage. Sd/- Sanjay Kumar Jaiswal Judge H.L. Sahu