1 2026:CGHC:27453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2076 of 2019 1 - Awadhesh Mishra (Died) Through LRs as Per Honble Court Order dated 07-04-2026 1a - Ritesh Mishra, S/O Late Awadhesh Mishra, Aged About 44 Years, R/O 9/81, Manjhapara Ward, Kanker Distt. Uttar Baster Kanker Chhattisgarh 1b - Nikita Tiwari, W/O Amit Tiwari, Aged About 42 Years, D/O Late Awadhesh Tiwari, R/O Sakti Vihar, Sarkanda Bilaspur (C.G.) ... Appellants. versus 1 - Mukesh Yadav, S/o Bisahuram Yadav, Aged About 33 Years, R/o Shivaji Chowk, Santoshi Nagar, Police Station Tikrapara, District Raipur, Chhattisgarh. ………..(Driver) 2 - Anand Gopal Agrawal, S/o Govindram Agrawal, R/o Behind Apartment, Adarsh Nagar, Near Kali Mandir, Mova, Raipur, District Raipur, Chhattisgarh. ………...(Owner) 2 3 - United India Insurance Company Limited Through Its Branch Manager, Branch Office, Bathena Chowk Sinha Complex, Raipur Road, Dhamtari, District Dhamtari (Insurer) ... Respondents For Appellants : Mrs. Bhavika Kotecha, Advocate For Respondent No.1 : Mr. Sourabh Gupta, Advocate on behalf of Mr. Anand Kumar Gupta, Advocate For Respondent No.3 : Mr. Shashank Agrawal, Advocate on behalf of Mr. Sudhir Agrawal, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 03.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants/ claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 09.08.2019 passed by the Motor Accident Claims Tribunal, Kanker, Uttar Bastar Kanker (C.G.) in Claim Case No.43/2018, by which the claim application of the claimants has been partly allowed and an amount of compensation to the tune of Rs. 3 3,53,435/- has been awarded to the claimants for the injuries sustained in the accident to claimant Awdhesh Mishra (died during the pendency of the instant appeal). 2. The claimant had filed an application under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal (for brevity “Claims Tribunal”) seeking compensation to the tune of Rs. 23,50,000/- pleading therein that in the accident which took place on 20.11.2015 near Sen Chowk, Kanker, the claimant sustained fracture of the right femur, left tibia and waist, which led to 46% disability & also sustained injuries on both hands and face to the claimant. 3. Mrs. Bhavika Kotecha, learned counsel for the appellant, would submit that the Claims Tribunal has erred in awarding the less compensation. She further submits that no amount under the head future treatment has been awarded by the learned Claims Tribunal. She would also submit that less amount has been awarded by the Claims Tribunal under the heads of permanent disability, pain and suffering, special diet, attendant and transport expenses which is liable to be enhanced suitably. 4 4. Mr. Sourabh Gupta, learned counsel for driver/respondent No.1 and Mr. Shashank Agrawal, learned counsel for the Insurance Company/respondent No.3, would oppose the prayer made by learned counsel for the appellant and submit that just and proper amount has been awarded by the Claims Tribunal which does not call for interference. 5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely. 6. Learned Claims Tribunal has not awarded any sum under the head future treatment and also under the heads of permanent disability, pain and suffering, special diet, attendant charges and transport expenses, less amount has been awarded by the Claims Tribunal which in considered opinion of this Court is liable to be enhanced. 7. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 5 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Permanent disability Rs.1,50,000/- Rs.5860x12x5 = Rs.3,51,600 x 46% (permanent disability) = Rs.1,61736/- 2. Medical Bill Rs.1,56,435/- Rs.1,56,435 3. Future Treatment Nil. Rs.50,000/- 4. Pain and Suffering Rs.30,000/- Rs.1,00,000/- (Hospitalized from 20.11.2015 to 29.11.2015) 5. Special Diet Rs.5,000/- Rs.25,000/- 6. Attendant Charges Rs.5,000/- Rs.25,000/- 7. Transport Expenses Rs.7,000/- Rs.10,000/- Total Rs.3,53,435/- Rs.5,28,171/- 8. In view of the aforesaid analysis, the amount of compensation of ₹3,53,435/- awarded by the Claims Tribunal is enhanced to ₹5,28,171/-. Hence, after deducting the amount of ₹3,53,435/-, the claimant is held to be entitled to an additional amount of ₹1,74,736/-. The concerned 3 (2018) 18 SCC 130 6 respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @8.5% 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. 9. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.07.04 11:07:38 +0530