1 CGHC010225592024 2026:CGHC:28170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1564 of 2024 1 - Deepak Tiwari S/o Goverdhan Tiwari Aged About 28 Years (Claimant), R/o Village Vyas Nagar P.S. Pamgarh, District Janjgir- Champa (C.G.) ... Appellant versus 1 - Rajendra Kumar @ Lala Yadav S/o Janamram Yadav Aged About 41 Years R/o Village Vyas Nagar P.S. Pamgarh, District Janjgir- Champa (C.G.),..(Driver) 2 - Janak Yadav S/o Ramdin Yadav Aged About 33 Years R/o Village Vyas Nagar P.S. Pamgarh, District Janjgir-Champa, (C.G.),...(Owner) 3 - Branch Manager The New India Insurance Company Ltd., 2nd Floor, Rama Trade Centre, U.T.I. Building In Front Of Rajiv Plaza, P.S. Civil Line, District Bilaspur (C.G.),...(Insurer) ... Respondents For Appellant : Ms. Ankita Shukla, Advocate. For Respondent No. 3 : Ms. Swati Agrawal, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (08.07.2026) 1. Heard on I.A. No. 01/2024, application for condonation of delay. 2. Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2024 is allowed and delay of 481 days in filing the instant appeal is condoned. 3. Also heard on admission. 4. This is the claimant’s appeal for enhancement against the award dated 10.12.2022 passed by 3rd Additional Motor Accident Digitally signed by HEERA LAL SAHU Date: 2026.07.10 10:21:39 +0530 2 Claims Tribunal, District – Bilaspur (C.G.) in Motor Accident claim case No.1132/2019 whereby a compensation amount of Rs. 1,17,648/- has been awarded in favour of the claimant. 5. The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to the rash and negligent driving of a motorcycle bearing registration No. CG-11-AK-9562 by its driver, Rajendra Kumar @ Lala Yadav – respondent No.1 owned by Janak Yadav – respondent No. 2 and insured by Insurance company/respondent No.3 herein; appellant Deepak Tiwari sustained grievous injuries in the accident dated 31.05.2019. The Tribunal found that the appellant failed to produce any medical evidence or a permanent disability certificate; therefore, permanent disability has not been proved. Only grievous injuries with a fracture to the left leg have been proved for which the appellant was admitted to the hospital for 7 days. Accordingly, the Tribunal found that the appellant is entitled to total compensation of Rs. 1,17,648/- as under:- Sl. No. Heads Compensation Amount 01 For treatment 58,648/- 02 For attendant 3,500/- 03 For transportation 5000/- 04 For special diet 2,100/- 05 Actual loss of income 23,400/- 06 Physical and Mental pain 25,000/- Total 1,17,648/- 6. Learned counsel appearing for the appellant submits that due to the said accident, the appellant’s left leg got infected, for which the appellant is going under treatment, but no compensation has been awarded in this regard. She further submits that the tribunal has not awarded any amount of compensation for the loss of income during the six-month treatment/recovery period of the appellant/claimant. As such, the awarded compensation is liable to be enhanced suitably. 7. On a careful consideration of the material on record, it appears that the accident occurred on 31.05.2019 and the award was 3 passed on 10.12.2022 after about three and a half years, but the Tribunal was not apprised about the infection on the leg of the appellant, and no documentary evidence whatsoever was produced. A compensation for the loss of income has already been awarded by the tribunal. The argument raised by the counsel for the appellant is not reliable. As such, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and proper. There is no infirmity in the impugned award warranting interference. 8. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage. Sd/- Sanjay Kumar Jaiswal Judge H.L. Sahu