1 CGHC010254662023 2026:CGHC:32137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1344 of 2023 1 - Ramgopal Gandharv S/o. Kanhaiya Lal Gandharv, Aged About 46 Years R/o. Village - Bachedi, Post - Daihandih, Police Station And Tashil - Sahaspur Lohara, District - Kabirdham, Chhattisgarh. ... Appellant versus 1 - Kejuram Sahu S/o. Ramesh Sahu, Aged About 25 Years R/o. Village - Kopra, Police Station - Panduka, District - Gariyaband, Chhattisgarh. 2 - Nohammad Ali Akbar, S/o. Nizamuddin, Aged About 40 Years R/o. Dr. Bhanwarlal Street, Ward No. 07, Gobra Nawapara, Police Station - Gobra Nawapara, Tahsil - Abhanpur, District - Raipur, Chhattisgarh. 3 - Branch Manager/zonal Office, The New India Insurance Company Limited, Branch Raipur, Address - Second Floor, R.D.A. Building Bajrang Market G.E. Road Raipur, Tahsil - Raipur, District - Raipur, Chhattisgarh. ... Respondents For Appellant/Claimant : Mr. Kanhaiya Ram Yadav, Advocate. For Respondent No. 3 : Mr. Anil Gulati, Advocate. For Other respondents : None. Digitally signed by HEERA LAL SAHU Date: 2026.07.28 11:36:09 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (27.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellants/claimants seeking enhancement of the amount of compensation, challenging the impugned award dated 27.02.2023, passed in M.A.C. No.92/2021, whereby the learned Claims Tribunal has awarded a total sum of Rs.1,95,312/- as compensation for the injuries to claimant/appellant, who sustained in a road accident which took place on 14.07.2021. 2. Learned counsel for the appellant would submit that the appellant has sustained grievous injuries to the head, arm, and elbow in the said accident and is facing difficulties till now, but the learned Claims Tribunal has not awarded any amount for future treatment. He also submits that the amount awarded on the other heads is also on the lower side. Therefore, the instant appeal should be allowed, and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, a perusal of the documents on record 3 indicates that the appellant suffered grievous injuries, specifically a hematoma along with fractures to his left radius and ulna. As evidenced by Ex. A-9, the appellant was admitted to Medicine Health Care and Research Pvt. Ltd. from 14.07.2021 to 22.07.2021, where he underwent surgical treatment for his accident-related injuries. The appellant produced medical, diagnostic, and hospital bills totalling Rs. 1,35,312/- (Ex. A-09 to Ex. A-51 and Ex. A- 56), which were duly considered by the Claims Tribunal. However, this Court observes that apart from documented expenses, a victim inevitably incurs miscellaneous out-of- pocket expenses during hospitalisation and treatment for which formal receipts cannot be produced. Consequently, it is reasonable to enhance the award under the head of medical expenses to a lump sum of Rs. 1,40,000/-. Furthermore, considering the severity of the injuries and the nine days of hospitalisation, this Court deems it appropriate to award Rs. 15,000/- towards future medical treatment and Rs. 20,000/- towards loss of income. Accordingly, the impugned award stands modified to this extent. 6. Thus, in light of the aforesaid discussion, this Court is calculating the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Towards treatment and medicine Rs. 1,35,312/- Rs. 1,40,000/- 2. Towards loss of income Rs. 15,000/- 20,000/- 3. Towards attendant Rs. 10,000/- Rs. 10,000/- 4. Towards transportation Rs. 10,000/- Rs. 10,000/- 5. Towards nutritious Rs. 10,000/- Rs. 10,000/- 4 food 6. Towards Pain and suffering Rs. 15,000/- Rs. 15,000/- 7. Towards future treatment Nill Rs. 15,000/- Total Rs. 1,95,312/- Rs. 2,20,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.1,95,312/- awarded by the Claims Tribunal is enhanced to Rs.2,20,000/-. Hence, after deducting the amount of Rs.1,95,312/-, the appellant is held entitled for an additional amount of Rs.24,688/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims 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 claimants 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 claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu