Extracted from the PDF above. The PDF is authoritative.
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CGHC010413002024
2026:CGHC:31154
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2245 of 2024 Kaushal Prasad Chauhan S/o Chhatu Ram Chauhan, Aged About 26 Years R/o Village - Patiyapali, Tahsil-Kartala, District- Korba (C.G.) Present R/o Ratakhar, Korba, Tahsil And District - Korba (C.G.) Note- Complete Name Of The Appellant Not Mentioned In Impugned Order.
... Appellant versus 1 - Pardeshi Kumar Sahu S/o Saratu Sahu, Aged About 27 Years R/o Mongara Chowk, Pisaoda, Police Station - Janjgir, District- Janjgir-Champa (C.G.) ------(Non-Applicant No.1/driver And Owner Of Motorcycle No. C.G./11/CK/6382) 2 - United India Insurance Company Limited, Through Divisional Manager, United India Insurance Company Limited, Division Office Sitamadi, District-Korba (C.G.) ------(Non-Applicant No.2/insurer Of Motorcycle No. C.G./11/CK/6382)
... Respondent(s)
For Appellants : Mr. Akash Shrivastava, Advocate For Respondent No.2 : Mr. Pravesh Sahu, Advocate, on behalf of Mr. P. R. Patankar, Adv. Hon'ble Shri Justice
Sanjay Kumar Jaiswal
Order On Board BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.24 11:08:30 +0530
2 22/07/2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/injured seeking enhancement of the amount of compensation, challenging the impugned award dated 21.12.2023, passed in Motor Accident Claim Case No.52/2018, whereby the Claims Tribunal has awarded a total sum of Rs.2,37,414/- as compensation for the injuries suffered by the appellant in a road accident that took place on
06.01.2017.
2. The Tribunal, after appreciating the oral and documentary evidence on record and the medical bills filed by the appellant, assessed the compensation as under: Sl. No. Head Amount
1. Medical Bills and other heads 1,86,096
2. Loss of expectation of life -
3. Transportation 5000
4. Nutritious Diet 1350
5. Attendant Charges 1350
6. Physical & Mental Agony 25000
7. Loss of Income 18618
8. Permanent Disability - Total Awarded Amount 2,37,414
3.
Learned counsel for the appellant submits that the Tribunal has erred in not accepting the medical bill Ex. P-51 as the said bill was paid on the discharge date which is evident from Ex.P-66. Thus, counsel for the appellant prayed that the appeal be allowed and the compensation awarded by the Tribunal be enhanced suitably.
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4. On the other hand, learned counsel appearing for the respondent No.2 - Insurance Company submits that in the
facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement.
5. Heard learned counsel for the parties and perused the record.
6. The Tribunal, in paragraph 43 of the impugned award, held that due to the balance amount being written in the INPD bill of Ex.P-51, the appellant is not entitled to receive the said amount. To prove the claim, the Appellant got examined Anish Wilson (AW-3), the Billing Incharge of Care & Cure Hospital, Bilaspur. In his deposition, he stated that with respect to the amount of Rs. 1,98,260/- mentioned in Ex.P-51, a fresh bill was issued as Ex.P-66. However, after considering the aforesaid aspect in detail, the Tribunal in paragraph 47 of the award observed that the IPD bill Ex.P- 66 bears the signature of the bill preparer and the seal of Care & Cure Hospital, Bilaspur has been affixed in place of the authorized signature. There is no signature of the M.D. or the authorized signatory on the said bill. Therefore, the appellant is not entitled to receive the amount mentioned in the IPD bill Ex.P-66.
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7. The appellant/injured was admitted in the hospital for 9 days. However, from the material on record, it is found that no permanent disability has been suffered by the injured.
8. In view of the aforesaid facts and evidence available on record, this Court does not find any illegality, perversity or error in the impugned award.
9. Accordingly, the appeal being devoid of merit is hereby dismissed, affirming the impugned award passed by the Tribunal.
10. No order as to costs. Sd/- (Sanjay Kumar Jaiswal) JUDGE
Khatai