1 CGHC010171522021 2026:CGHC:33260 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 430 of 2021 1 - Ganesh Verma Son Of Puran Verma, Aged About 47 Years, R/o Near Jain Mandir, Jhanda Chowk, Housing Board Colony, Labhandi, Raipur, District- Raipur (Chhattisgarh), District : Raipur, Chhattisgarh. ... Appellant versus 1 - Kuldeep Verma S/o Rajendra Verma, Aged About 28 Years, Permanent Address - Village Devri, Police Station - Dharsinwa, District- Raipur (Chhattisgarh) (Driver - Vehicle Mazda No. C.G.- JC- 4463). 2 - Shri Balaji Bakeries Private Limited Proprietor- Sushil Agrawal, R/o Near Hundai Showroom, Telibandha, Raipur, District - Raipur (Chhattisgarh) (Owner - Vehicle Mazda No. C.G.- JC- 4463). 3 - The New India Assurances Company Limited Through The Divisional Manager, Divisional Office, Madina Building, Jail Road, Raipur (Chhattisgarh) (Insurer - Vehicle Mazda No. C.G.- Jc- 4463). ... Respondents For Appellant/Claimant : Ms. Prachi Singh, Advocate. For Respondent No. 3 : Mr. Dashrath Gupta, Advocate. For Other respondents : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (31.07.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.08.03 10:58:26 +0530 2 03.03.2020, passed in M.A.C.C. No.811/2018, whereby the learned Claims Tribunal has awarded a total sum of Rs.3,41,747/- as compensation for the injuries to claimant/appellant, who sustained in a road accident which took place on 16.09.2017. 2. Learned counsel for the appellant submits that the appellant sustained grievous injuries to his head and leg in the accident and continues to suffer from the effects of those injuries. She further submits that the learned Claims Tribunal erred in not awarding any amount towards future medical treatment. It is also submitted that the compensation awarded towards loss of income is inadequate, as the appellant remained hospitalized for about 34 days and was unable to perform his work for a considerable period thereafter. She further submits that the amounts awarded towards medical expenses, pain and suffering, transportation charges, special diet, attendant charges, and other heads are also on the lower side. It is, therefore, prayed that the present appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably 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 indicates that the appellant sustained grievous injuries, including a fracture to his right leg. As is evident from Ex. P-6 and Ex. P-8, the appellant remained admitted to Om Hospital, Raipur, from 16.09.2017 to 02.10.2017 and thereafter to Sai 3 Multispeciality Hospital, Simga, District Baloda Bazar, from 03.10.2017 to 18.10.2017, where he underwent surgical treatment for the injuries sustained in the accident. The appellant produced medical and hospital bills amounting to Rs. 2,69,747/- (Ex. P-5), which were duly taken into consideration by the Claims Tribunal. However, this Court is of the view 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. Accordingly, it would be just and reasonable to enhance the compensation under the head of medical expenses to a lump sum of Rs. 3,00,000/-. Further, considering the nature and gravity of the injuries sustained by the appellant and the fact that he remained hospitalized for 34 days, this Court deems it appropriate to award a sum of Rs. 50,000/- towards future medical expenses and Rs. 50,000/- towards loss of income. This Court also considers it appropriate to enhance the compensation under the head of pain and suffering from Rs. 25,000/- to Rs. 50,000/-, and under the head of transportation, special diet, and attendant charges from Rs. 35,000/- (Rs. 10,000/- + Rs. 25,000/-) to Rs. 50,000/-. 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 medical expenses Rs. 2,69,747/- Rs. 3,00,000/- 2. Towards loss of income Rs. 12,000/- 50,000/- 3. Towards transportation, special diet and attendant Rs. 35,000/- (10,000+25,000) Rs. 50,000/- 4. Towards Pain and suffering Rs. 25,000/- Rs. 50,000/- 4 5. Towards future treatment Nill Rs. 50,000/- Total Rs. 3,41,747/- Rs. 5,00,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.3,41,747/- awarded by the Claims Tribunal is enhanced to Rs.5,00,000/-. Hence, after deducting the amount of Rs.3,41,747/-, the appellant is held entitled for an additional amount of Rs.1,58,253/-. 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/-Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh