1 CGHC010132572023 2026:CGHC:30220 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 714 of 2023 Bharat Lal Khelwar S/o Manrakhan Lal Khelwar Aged About 61 Years R/o Bhathapara, Deopuri, Police Station- Tikrapara, Tahsil And District- Raipur, Chhattisgarh ............................. (Applicant/claimant) ...Appellant versus 1 - Pragnesh Bhai Seth S/o Bhadur Bhai Seth R/o Kabir Nagar, House No. 156, Near Badi Pani Tanki, Police Station- Kabir Nagar, Tahsil And District- Raipur, Chhattisgarh ......... (Non-Applicant No. 1) (Driver And Registered Owner Of Vehicle Motor Cycle Bearing Registration No. C.G./04/h.Q./4119) 2 - The Reliance General Insurance Company Limited Manager, G.E. Road, Shop No. 412-13, Fourth Floor, Ravi Bhawan, Jaistambh Chowk, Raipur, District- Raipur, Chhattisgarh ......... (Non-Applicant No. 3) (Insurer Of Vehicle Motor Cycle Bearing Registration No. C.G./04/h.Q./4119) ---- Respondents For Appellant :Ms. Pooja Yadav, Advocate on behalf of Mr. Shivendu Pandya, Advocate For Respondents No. 2 :Ms. Mansi Bandey, Advocate on behalf of Mr. Sourabh Sharma, Advocate. For Respondent No. 1 :None, despite service of notice Digitally signed by AMIT PATEL 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (16.07.2026) 1. Heard on I.A. No. 01/2023, which is an application for condonation of delay in filing of the appeal. 2. Upon due consideration and for the reasons assigned in the application duly supported by the affidavit of the appellant and in view of the fact that this appeal is of the claimant for enhancement, the same is allowed. The delay of 107 days is hereby condoned. 3. Heard on admission. 4. This appeal is admitted for hearing. 5. The appeal is heard finally. 6. This is the claimant’s appeal against the award dated 01.10.2022 passed by the 2nd Additional Motor Accident Claims Tribunal, Raipur, District – Raipur (C.G.) in Motor Accident Claim Case No.341/2021 whereby a compensation amount of Rs. 2,20,800/- has been awarded in favour of the claimant. 7. As against the compensation of Rs. 31,50,000/- 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 14.12.2020, the Tribunal awarded a total sum of Rs. 2,20,800/- as compensation along with interest @ 9% per annum from the date of claim application till its actual payment. 8. The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to rash and negligent driving of a motorcycle bearing 3 registration No. CG-04-HU-4119 by its driver Pragnesh Bhai Seth– respondent No.1 herein; appellant Bharat Lal Khelwar sustained injuries on her body in the accident; the tribunal on the basis of evidence a total sum of Rs.2,20,800/- has been awarded as compensation. Hence, the appeal for enhancement. 9. Learned counsel appearing for the appellant submits that the learned Claims Tribunal has erred in disbelieving the evidence adduced by the appellant regarding the nature and extent of the injuries sustained by him. It is submitted that on account of the head injuries suffered in the accident, the appellant has sustained permanent disability, rendering him unable to carry on his work efficiently or to manage his kirana store in the manner he did prior to the accident. It is further submitted that the learned Claims Tribunal has erred in awarding inadequate compensation under the head of loss of income. The amount awarded towards medical expenses and other heads is also inadequate considering the nature of the injuries sustained by the appellant and his condition. Therefore, the compensation awarded under these heads needs to be suitably enhanced. 10. Learned counsel for respondent No. 2 opposes the argument advanced by the counsel for the appellant and supported the impugned award. 11. I have heard learned counsel appearing for the parties and perused the record of the Tribunal including award impugned. 12. It is clear from the material available on record that the Tribunal did not find any permanent disability or fracture suffered by the claimant. Although the injuries were held to be grievous on the basis of the medical 4 evidence, but no fracture was found. The claimant remained admitted in the hospital for only four days and the Tribunal treated the injuries as grievous solely on the basis of the medical evidence. Thus, it is clear from the record that the appellant sustained injuries in the said accident, but he did not suffer any permanent disability or fracture. Therefore, considering the material available on record, the Tribunal awarded compensation under the following heads: S. No. Head Awarded by the Tribunal 1. For loss of income for two months. Rs. 7,000/- 2. For medical treatment Rs. 98,800/- 3. For grievous injury Rs. 50,000/- 4. For physical and mental agony Rs. 50,000/- 5. For special diet, attendant and transportation expenses Rs. 15,000/- Total compensation Rs. 2,20,800/- 13. Thus, the findings and the compensation awarded by the Tribunal are based on a proper appreciation of the oral as well as documentary evidence available on record and no interference is required. 14. Accordingly, the appeal of the appellant is hereby dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge AMIT PATEL