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2026 DAILYLAW 28572 (CHH)

SHIV KUMAR NARANG v. MIRJA GAFFAR BEG

MAC/1516/2019 · 2026-07-21

Shri Sanjay K Agrawal

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Judgment text

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1 CGHC010250142019 2026:CGHC:31287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1516 of 2019 Shiv Kumar Narange, S/o. Mayaram Narange, Aged About 33 Years, R/o. Bajar Chowk, Abhanpur, Post Office And Police Station Abhanpur, District Raipur, Chhattiisgarh..........(Applicant/claimant) ... Appellant versus 1 - Mirja Gaffar Beg, S/o. Late Mirja Twarakh Beg, Aged About 44 Years, R/o. Ward No. 15, Masjid Line, Chhura, Post Office And Police Station Chhura, District Gariyaband, Chhattiisgarh…….....(Non Applicant No.1) (Driver Of Vehicle Truck Bearing Registration No. C.G./04/H. N./5776), 2 - Vikash Agrawal, S/o. Shri Ram Avtar Agrawal, R/o. Jaggi Traders, Station Road Raipur, Tahsil And District Raipur, Chhattiisgarh........... (Non Applicant No. 2) ........(Registered Owner Of Vehicle Truck Bearing Registration No. C.G./04/H.N./5776). 3 - The New India Insurance Company Limited, Through Branch Manager, Branch Office, Second Floor, R.D.A.Building Bajrang Market G. E. Road Raipur, Tahsil And District Raipur, Chhattisgarh…….(Non Applicant No. 3).........(Insurer Of Vehicle Truck Bearing Registration No. C.G./04/H.N. /5776). ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.23 17:20:59 +0530 2 For Appellant : Mr. Dinesh Yadav, Advocate For Respondent No.1 & 2 : Mr. A.S.Rajput, Advocate For Respondent No.3 : Mrs. Swati Agrawal, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 22.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 16.10.2017 passed by learned First Additional Motor Accident Claims Tribunal, Raipur (for short “the Claims Tribunal”) in Claim Case No.163/2017, by which the claim application of the claimant has been allowed and an amount of Rs.9,42,050/- has been awarded as compensation to the claimant for the injuries suffered by him in the accident occurred on 04.10.2016. 2. Mr. Dinesh Yadav, learned counsel appearing for the appellant/ claimant, would submit that just & proper compensation has not been awarded to the claimant by the learned Claims Tribunal, therefore, the amount of compensation be enhanced suitably. 3. Mr. A.S.Rajput, learned counsel for the Respondents No.1 & 2 and Mrs. Swati Agrawal, learned counsel for the insurance company/ 3 Respondent No.3, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. After hearing learned counsel appearing for the parties and going through the record and further considering the injuries sustained by the appellant as he was hospitalized for 21 days, this Court is re- computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court For medical bills Rs. 6,42,050/- Rs. 6,42,050/- For pain & suffering Rs. 25,000/- Rs. 40,000/- For special diet and transportation Rs. 25,000/- Rs. 40,000/- For loss of expectation of life Rs. 25,000/- Rs. 1,00,000/- For future medical treatment Rs. 25,000/- Rs. 1,00,000/- For loss of future earning capacity and loss of amenities Rs. 2,00,000/- Rs. 2,00,000/- Total Rs. 9,42,050/- Rs. 11,22,050/- 4 6. In view of the aforesaid analysis, the amount of compensation of Rs. 9,42,050/- awarded by the learned Claims Tribunal is enhanced to Rs. 11,22,050/-. Hence, after deducting the amount of Rs. 9,42,050/-, the claimant is entitled for an additional amount of Rs. 1,80,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall carry interest @ 6% 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. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Ashok Judge