1 CGHC010225642021 2026:CGHC:29741 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 516 of 2021 1 - Kamta Prasad S/o Mangaluram Anand, Aged About 47 Years R/o - Ward No. 07, House No. 564, Gauravpath, Ring Road No. 02, Mini Basti Jarhabhatha Bilaspur, Thana - Civil Line, District - Bilaspur Chhattisgarh ... Appellant versus 1 - Chandrabhan S/o Babulal Dahria, Aged About 26 Years Resident - Dipupara Tarbahar, Thana - Tarbahar, Tehsil And District - Bilaspur Chhattisgarh (Driver Vehicle Tata Magic No. C G 10-C 4323) 2 - Krishna Kumar S/o Late Jagatram Bhatt, Aged About 76 Years Resident - Behind Masjid Tarbahar, Thana - Tarbahar, Prasad House Faiz Nagar Talapara Bilaspur, Tehsil And District Bilaspur Chhattisgarh (Owner Vehicle Tata Magic Number C G 10-C 4323) 3 - Shriram Finance And Insurance Company Limited, Narayan Plaza Shrikant Verma Marg Bilaspur, Thana - Tarbahar, District - Bilaspur Chhattisgarh (Insurer Vehicle Tata Magic No. C G 10- C 4323) ... Respondent(s) For Appellant : Mr. J. K. Gupta, Advocate For Respondents No.1&2 : Mr. Prakshay Shrivastava, Advocate, on behalf of Mr. Harshal Chauhan, Advocate BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.16 12:37:16 +0530 2 For Respondent No.3 : Ms. Mansi Bandey, Advocate, on behalf of Mr. Sourabh Sharma, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 14 / 07 / 2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988, has been preferred by the claimant seeking enhancement of the compensation amount awarded by the Tribunal, challenging the impugned award dated 11.12.2020 passed in Claim Case No.293/2019, whereby the Claims Tribunal has awarded a total sum of Rs.1,58,682/- as compensation for the injuries sustained by the appellant/claimant in a road accident that occurred on 24.08.2018. 2. Learned counsel for appellant/claimant submits that the Tribunal has failed to consider the nature of injuries suffered by the appellant and awarded a total compensation of Rs.1,58,682/- under various heads which is a very small amount and needs to be enhanced. He further submits that the Tribunal has not awarded any amount towards future medical expenses. Hence, prays for allowing the appeal by suitably enhancing the compensation awarded by the Tribunal. 3. On the other hand, learned counsel appearing for the respondents oppose the submission made by the counsel for appellant and submit that in the facts and circumstances of case, the award passed by the Tribunal is just & proper and does not require any enhancement. 4. Heard learned counsel for the parties, considered their submissions made herein-above and went through the 3 records with utmost circumspection. 5. From the evidence available on record, it is evident that the appellant sustained a fracture in the head, whereas no fracture was found in the leg. On the basis of the medical evidence, particularly the testimony of the doctor, the Tribunal has rightly held that the appellant suffered grievous injury, though no permanent disability was established. The appellant remained hospitalized for four days from 24.08.2018 to 27.08.2018. The record further reveals that the total medical expenditure incurred by the appellant was Rs.1,39,332/-. However, while considering Exhibit P-16, the Tribunal deducted a sum of Rs.25,000/- and awarded only Rs.1,14,382/- towards medical expenses, but it is not clear under which head or basis this deduction was made. No reason has been mentioned for the deduction of 25,000 ₹ . In the absence of any cogent reason, the deduction of Rs.25,000/- cannot be sustained. It is also a matter of common experience that there are certain treatment-related expenses for which it is not possible or practicable to preserve receipts. Given the nature of injuries, there is all possibility of incurring medical expenses in the future. However, the Tribunal has not awarded any amount for future medical expenses that may be faced by the appellant on account the said injuries. 6. Having regard to the nature of injuries, the period of hospitalization, the medical evidence on record, the total expenditure incurred towards treatment, and the principles governing assessment of just compensation, the compensation is re-assessed as under: Heads Compensation awarded by the Tribunal Compensation modified/enhanced by this Court 4 Medical expenses 1,14,382 1,50,000 Loss of income 24,300 25,000 Physical and mental agony 10,000 15,000 Transportation, Nutritious food and Assistant 10,000 15,000 Future medical expenses Nil 10,000 Total 1,58,682 2,15,000 7. Consequently, the compensation awarded by the Claims Tribunal is enhanced from Rs.1,58,682/- to Rs.2,15,000/-. After deducting the amount already awarded by the Tribunal, the appellant shall be entitled to an additional/enhanced compensation of Rs.56,318/-. The additional amount of compensation shall carry interest @ 6% per annum from the filing of the claim petition before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimant 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 claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai