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2026 DAILYLAW 28579 (CHH)

HEROLAL PATEL v. SUNDARSAI SAHU

MAC/1696/2026 · 2026-07-21

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010276472026 2026:CGHC:31139 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1696 of 2026 1 - Herolal Patel S/o Mahettar Patel Aged About 25 Years R/o Village Bengpali, Police Chowki Beladula, Police Station Sarsinwa, District Sarangarh-Bilaigarh (C.G.) ... Appellant versus 1 - Sundarsai Sahu S/o Manglu Sahu Aged About 34 Years R/o Village Bengpali, Police Chowki Beladula, Police Station Sarsinwa, District Sarangarh-Bilaigarh (C.G.) (Driver Of Alleged Offending Vehicle Toofan Bearing Registration No. C.G. 04- Mx- 9244) 2 - Rakhiram Sahu S/o Narsingh Sahu Aged About 40 Years R/o Village Pendrawan, Police Station Sarsinwa, District- Sarangarh- Bilaigarh (C.G.) (Owner Of Alleged Offending Vehicle Toofan Bearing Registration No. C.G. 04- Mx- 9244) 3 - United India Insurance Company Limited Through- Divisional Office, Ghadi Chowk, Jail Road, Floor No. 1, District Raipur (C.G.) 492001 (Insurer Of Alleged Offending Vehicle Toofan Bearing Registration No. C.G. 04- Mx- 9244) ... Respondents For Appellant : Mr. S.P. Sahu, Advocate. For Respondents : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (22.07.2026) Digitally signed by HEERA LAL SAHU Date: 2026.07.23 10:23:56 +0530 2 1. Heard on I.A. No. 01/2026, application for condonation of delay in filing the appeal. 2. Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed and delay of 104 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 31.12.2025 passed by the Additional Motor Accident Claims Tribunal, Sarangarh, District - Sarangarh- Bilaigarh (C.G.) in Motor Accident claim case No.5/2023 whereby a compensation amount of Rs. 10,000/- has been awarded in favour of the claimant. 5. Learned counsel appearing for the appellant submits that the appellant is a young man, aged about 25 years, who sustained injuries in a motor accident. The awarded compensation is on the lower side; therefore, the compensation is liable to be enhanced suitably. 6. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned. 7. On a meticulous scrutiny of the evidence on record, the learned Tribunal recorded a finding that the accident occurred due to the rash and negligent driving of the vehicle bearing Registration No. CG-04-MX-9244, driven by Respondent No. 1 (Sundersai Sahu) and owned by Respondent No. 2 (Rakhiram Sahu). In paragraphs 19 and 20 of the award, the Tribunal observed that as per Exhibit P-8, the Appellant/Claimant (Herolal Patel) sustained simple injuries in the said accident dated 03.05.2022. On account of the said injuries, the Claimant was temporarily incapacitated from attending to his daily chores and professional duties for approximately one week, thereby entailing a loss of income and causing mental agony. Furthermore, the Claimant incurred expenses towards transportation for hospital visits and special nutrition during his treatment. However, no attendant charges were awarded, as the injuries were not found to be of a 3 grievous nature. In the absence of documentary evidence substantiating the expenses incurred, and considering the nature and extent of the injuries sustained, the learned Tribunal deemed it just and reasonable to award compensation of Rs. 4,000 towards Pain & Suffering and Loss of Income (for 1 week), Rs. 1,500/- towards Transportation, Rs. 1,500/- towards Special / Nutritious Diet and Rs. 3,000/- towards Medical Expenses. Thus, a total compensation of 10,000/- was granted to the ₹ Claimant. 8. On a careful consideration of the material on record, 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. 9. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage itself. Sd/- Sanjay Kumar Jaiswal Judge H.L. Sahu