1 CGHC010377822022 2026:CGHC:29493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1344 of 2022 1 - Rudra Kumar Sahu S/o Shri Ugrasen Sahu Aged About 41 Years R/o Village And Post-Barnaidadar, Thana-Basna, Tahsil-Pithora, District-Mahasamund (Chhattisgarh) 2 - Ku. Pooja Sahu D/o Rudra Kumar Sahu Aged About 21 Years R/o Village And Post-Barnaidadar, Thana-Basna, Tahsil-Pithora, District- Mahasamund (Chhattisgarh) ... Appellants versus 1 - Moh. Rafiq S/o Shri Abdul Hameed Khan Aged About 47 Years R/o-Mahaoda Para Raipur, Thana-Mahaodapara, District-Raipur (C.G.) (Driver Of The Offending Vehicle Bus No. C.G. 07/e./0967) 2 - Rajesh Kumar S/o Shri Rajmani Pathak Aged About 45 Years R/o Mahavir Nagar New Changorabhata, Raipur District-Raipur (C.G.) (Owner Of The Offending Vehicle Bus No. C.G. 07/e/0967) 3 - The New India General Insurance Company Limited Divisional Office No. 02 L.I.C. Premises Pandri Raipur, District-Raipur (C.G.), (Insurer Of The Offending Vehicle Bus No C.G. 07/e/0967) --- Respondent(s) For Appellants : Mr. A.L. Singroul, Advocate For Respondents No.1 & 2 : None For Respondents No.3 : Ms. Swati Agrawal, Advocate SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.15 10:54:03 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (13.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 08.08.2022, passed in Claim Case No.H-113/2018, whereby the learned Claims Tribunal has awarded a total sum of Rs.3,97,255/- to appellant No.1 Rudra Kumar Sahu and Rs.42,290/- to appellant No.2 Ku. Pooja Sahu for the injuries sustained by them in a road accident which took place on 16.10.2015. 2. Learned counsel for the appellants would submit that the learned Claims Tribunal has erred in awarding lesser amount of compensation. The Tribunal has assessed the disability of appellant No.1 at only 25% whereas it ought to have been assessed at 30%. Further, the amounts awarded under conventional heads i.e. pain & suffering, attendant, transportation, special diet, future medical expenses and mental agony are highly inadequate and need to be enhanced. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered 3 their rival submissions made herein-above and went through the records with utmost circumspection. 5. The accident took place on 16.10.2015. Appellant No.1 Rudra Kumar Sahu sustained fracture in left leg and other parts of the body and remained hospitalized for 13 days in Mekehara Hospital, Raipur. Appellant No.2 Ku. Pooja Sahu also sustained injuries and remained hospitalized for 3 days in Narayana Hospital, Raipur. The Tribunal has assessed 25% temporary disability for 3 years in case of appellant No.1 and awarded Rs.1,08,000/- towards loss of future income. The counsel for appellants submits that it ought to be 30%. However, on perusal of the record, I do not find any irregularity in the assessment made by the Tribunal. The disability certificate is for 50% permanent disability for a single body part, but the Tribunal has rightly restricted it to 25% temporary disability for 3 years. To that extent the award does not call for interference. 6. However, the amounts awarded under other conventional heads are on the lower side. Considering the nature of injuries, period of hospitalization and treatment, the compensation deserves to be re-computed as under: Appellant No.1 - Rudra Kumar Sahu Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Medical Expenses Rs. 2,69,255/- Rs. 2,69,255/- 2. Loss due to Disability 25% x 3 years Rs. 1,08,000/- Rs. 1,08,000/- 3. Pain and Rs. 10,000/- Rs. 40,000/- 4 Suffering 4. Special Diet, Transportatio n & Attendant Rs.10,000/- for Special Diet and Transportation Rs.25,000/- 5 Future Medical Expenses NA Rs. 10,000/- 6 Mental Agony NA Rs. 10,000/- 7 Loss of amenities NA Rs. 10,000/- Rs. 3,97,255/- Rs. 4,72,255/- Appellant No.2 - Ku. Pooja Sahu Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Medical Expenses Rs. 32,290/- Rs. 32,290/- 3. Pain and Suffering Rs.5,000/- Rs. 5,000/- 4. Special diet Rs.5,000/- Rs.5,000/- 5 Attendant & Transportatio n NA Rs. 3,000/- Total Rs. 42,290/- Rs. 45,290/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.3,97,255/- awarded by the Claims Tribunal to appellant No.1 Rudra Kumar Sahu is enhanced to Rs.4,72,255/-. Hence, the appellant No.1 is held entitled for an additional amount of Rs.75,000/-. 8. Similarly, the amount of compensation of Rs.42,290/- 5 awarded by the Claims Tribunal to appellant No.2 Ku. Pooja Sahu is enhanced to Rs.45,290/-. Hence, the appellant No.2 is held entitled for an additional amount of Rs.3,000/-. 9. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 10. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 11. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham