1 CGHC010180562024 2026:CGHC:31990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1081 of 2024 Shivnarayan Jaiswal S/o Late Jagdish Jaiswal Aged About 85 Years R/o Village Sonpur, Police Station Pratappur, District : Surajpur, Chhattisgarh. ... Appellant. versus 1 - Pramukh Shandilaya S/o Ramsay Gond Aged About 26 Years R/o Village Kapildevpur, Police Station Chalgali, District Balrampur Chhattisgarh (Vehicle Driver) 2 - Puran Singh S/o Ramdev Singh Aged About 31 Years R/o Village Darhora Asnapara, Police Station Chandaura, District Surajpur, Chhattisgarh (Vehicle Owner) 3 - Branch Manager Tata A.I.G. General Insurance Company Limited (Insurance Company) Branch Office Lt.D. First Floor 106-07, Walfort, Ozone Bilaspur Road, Fafadeeh Chowk, District Raipur, Chhattisgarh, (Insurer). ... Respondents (Cause-title is taken from CIS) For Appellant-claimant : Mr. Vikas Pandey, Advocate on behalf of Mr. VK Pandey, Advocate For Respondent No.3/Insurance Company : Ms. Prachi Sharma, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 27.07.2026 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant/claimant for enhancement against the 2 award dated 05.04.2024 passed by learned Additional Motor Accident Claims Tribunal, Pratappur, District -Surajpur, (C.G.), in Claim Case No.05/2023, whereby compensation of Rs.1,72,500/- with interest @ 6% per annum, in favour of the appellant-claimant has been awarded. 2. The gist of the claim before the Tribunal, in brief, was that on 05.05.2022 when claimant was crossing the road after purchasing medicine from Saumya Medical Store at Pratappur, respondent no.1 driving the motorcycle bearing registration no.CG-15/DM/1256 in a rash and negligent manner dashed him, as a result of which, claimant received grievous injuries on different part of bodies, i.e. left hip and leg etc; he was taken to the hospital and after taking primary treatment at Govt. Hospital, Pratappur, he was referred to Ambikapur and thereafter, to Raipur for further and proper treatment. 3. It is claimed that at the time of alleged accident, appellant-claimant was earning Rs. 6,000/- per month by doing agricultural work, but because of sudden accident, he has deprived from the aforesaid income, therefore, claimant had preferred an application before the Tribunal claiming total compensation of Rs.5,43,310/- in all head u/s 166 of MV Act. 4. Learned Claims Tribunal after considering the evidence and medical documents available on record has awarded total compensation of Rs.1,72,500/- to the claimant in the following manner:- 3 Heads Amount Loss of income during treatment (4,000 X 2) Rs.8,000/- Towards medical bills Rs.1,47,500/- Transportation Rs.10,000/-. Towards nutritious food/diet Rs. 2,000/- Towards physical and mental agony Rs.5,000/- Total Rs.1,72,500/- 5. Learned counsel for the appellant/claimant submits that the compensation awarded to the claimant by the Claims Tribunal is on the lower side and needs to be enhanced suitably. Learned Claims Tribunal has awarded very less amount of compensation towards heads of treatment expenses, loss of monthly income during treatment, special diet, transportation, physical and mental agony. Learned Claims Tribunal has not awarded any amount in the head of loss of future income and towards attendant expenses. Therefore, the appeal may be allowed and compensation needs to be enhanced suitably. 6. On the other hand, learned counsel for the Insurance Company has argued 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. 7. Heard counsel for the parties and perused the documents available on record. 4 8. As regards the income of the claimant, although he has pleaded that he was earning Rs.6,000/- per month by engaging in agricultural activities, but no documentary evidence has been adduced in support of the said assertion. Nevertheless, it cannot be inferred that the claimant was not earning any income from his vocation. Considering the documents and medical bills available on record, it is evident that the claimant remained hospitalized at Raipur from 08.05.2022 to 14.05.2022 and subsequently at Ambikapur from 06.07.2022 to 11.07.2022 (about 13 days); further for a period of two months after his discharge from the hospital, he would undoubtedly have been incapacitated from performing any work on account of the injuries sustained in the accident in question. Accordingly, having regard to the loss of income suffered by the claimant due to his inability to work during the period of treatment and convalescence and considering the nature and extent of the injuries sustained by him in the accident, the claimant is held entitled to compensation under the following heads: Heads Amount Loss of income during treatment Rs.20,000/- Towards medical bills Rs.1,50,000/- Transportation Rs.20,000/-. Towards nutritious food/diet Rs.20,000/- Towards physical and mental agony Rs.50,000/- Towards attendant Rs.15,000 Total Rs.2,75,000 /- 5 9. Now, the appellant-claimant is entitled for total compensation of Rs.2,75,000/- instead of Rs.1,72,500/- as awarded by the Tribunal. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition. The rest of the conditions shall remain intact. 10. In the result, the appeal is partly allowed. Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. 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 claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge J.