Extracted from the PDF above. The PDF is authoritative.
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CGHC010428742019
2026:CGHC:31777
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2259 of 2019 Abhay Dubey @ Prakash Dubey, S/o. Manideep Dubey, Aged About 25 Years, Caste Brahmin, R/o. Police Line, Ambikapur Thana And Tahsil Ambikapur, District Sarguja, Chhattisgarh.
... Appellant versus 1 - Somdhar @ Laka Rai, S/o. Ram Bahadur Rai, Aged About 18 Years, R/o. Ring Road Kedarpur, Ambikapur, Thana And Tahsil Ambikapur, District Sarguja, Chhattisgarh………..(Driver) 2 - Iffco Tokyo Gereral Insurance Company Ltd. Through The Branch Manager, Plot No 03, Sector No 29 Gudgaon, 122001, Haryana Phone No 124 2850100 ………....(Insurer) 3 - Vinita Rai, W/o. Shri Rambahadur Rai, Aged About 35 Years, R/o. Ring Road Kedarpur, Ambikapur, Chhattisgarh………..(Owner)
... Respondents For Appellant : Mr. Prakhar Dashore, Advocate on behalf of Mr. N.K.Malaviya, Advocate For Respondents No.1 & 3 : Mr. Arvind Sinha, Advocate For Respondent No.2 : Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.25 14:27:26 +0530
2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Judgment on Board 24.07.2026
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 15.03.2019 passed by learned Third Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (for short “the Claims Tribunal”) in Claim Case No.228/2016, by which the claim application of the claimant has been allowed and an amount of Rs.3,57,720/- has been awarded as compensation to the claimant along-with interest @ 6% per annum from the date of filing of claim application for the injuries suffered by him in the accident occurred on 19.04.2016.
2. Mr. Prakhar Dashore, 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. Arvind Sinha, learned counsel for the Respondent No.1 & 3/ Driver & Owner and Ms. Shrejal Gupta, learned counsel for the Respondent No.2/ insurance company, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference.
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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 after going through the record, it appears that a sum of Rs. 3,57,720/- has been awarded as compensation to the appellant/claimant for the grievous injuries suffered by him. The amount awarded appears to be inadequate, therefore, this Court is of the considered opinion that the appellant/claimant is entitled to an additional compensation of Rs. 45,000/- over and above the amount already awarded by the learned Claims Tribunal. Hence, the claimant is entitled for an amount of Rs. 45,000/- in addition to the amount of compensation already awarded by the Claims Tribunal. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of a copy of this order. 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.
6. 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