1 CGHC010426602024 2026:CGHC:35631 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2357 of 2024 Shivnarayan Gond S/o Samohan Gond, Aged About 35 Years R/o Village-Ketma, Post- Morga, Tahsil-Podi-Uproda, Police Station-Bango, District-Korba (C.G.) At Present- Ratanpur, Police Station- Ratanpur, District-Bilaspur (C.G.) -----(Applicant) ... Appellants versus 1 - Shankar Das S/o Mahetar Das Panka, Aged About 24 Years R/o Village-Durap (Chaitma), Police Station-Pali, District-Korba (C.G.) -----(Driver Of The Vehicle Tanker No. C.G.-12/an-9341) 2 - Smt. Samita Agrawal W/o Rahul Agrawal, Aged About 27 Years R/o Ward No. 15, 111, Main Road, Karkhana, Karkhana, Katghora, District-Korba (C.G.) -----(Owner Of The Vehicle Tanker No. C.G.-12/an-9341). 3 - Branch Manager, The Oriental Insurance Company Limited, Branch Office- 2nd Floor, Rama Trade Centre, In Front Of Rajiv Plaza, Old Bus Stand Road, Tahsil And District- Bilaspur (C.G.) -----(Insurer Of The Vehicle Tanker No. C.G.-12/an-9341) ... Respondents For the appellant : Mr. Anand Kesharwani, Advocate For respondents 1 & 2 : Mr. Vikas Pandey, Advocate For respondent no.3 : Mr. Pravin Tulsyan, Advocate Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 12.08.2026 1. Heard on I.A. No.1 for condonation of delay in filing the appeal. Appeal is barred by 36 days’ delay. For the reasons stated in the application which is supported by the 2 affidavit of appellant/ injured claimant, I am inclined to condone the delay. Accordingly, delay of 36 days is condoned and the application is allowed. Heard on admission. 2 This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the claimant (injured) seeking enhancement of compensation, challenging the impugned award dated 29.07.2024 passed by the IV Additional Motor Accident Claims Tribunal, Bilaspur .Chhattisgarh in MACT No. 911 of 2018. whereby a total compensation of Rs. 43,000/- has been awarded to the claimant. 3. Brief facts of the case as pleaded in the claim application are that on 01.02.2018, the appellant along with his friend Jagnarayan was going on his motorcycle to a Petrol Pump of village Chotiya. On the way at about 12.30 p.m., respondent no.1 driving the Tanker No.CG.12/AN-9341 in rash and negligent manner hit the motor cycle of the appellant, due to which he sustained grievous injuries. He pleaded that the injuries rendered him incapable of working and have permanently impaired his ability to function, therefore, he filed a claim petition seeking a total enhancement of Rs.11 lakhs on various heads. 4. Learned counsel for the appellants submits that a meagre sum of Rs.43,000 in all has been awarded, which cannot be said to be a just compensation, therefore, the award be suitably enhanced. 5. Learned counsel for respondent no.3/Insurer submits that the award passed by the Tribunal is just and proper which needs no interference. 6. I have heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. The appellant has examined himself as A.W.1. He has deposed that due to accident, he sustained injuries on chest, left hand and left leg and 3 also sustained internal injuries in head, face and other body parts and because of injuries caused in the accident, he had suffered immense mental and physical suffering and has become permanently disabled. However, in cross examination he admitted the fact that he has not produced even a single rupee bill regarding his treatment. He has further admitted the suggestion that he has not produced any document of X-Ray Plate or X-Ray report regarding his bone fracture. He also admitted the fact that he has not produced the disability certificate. 8. The Tribunal has held that due to the accident caused by respondent no.1, the appellant sustained injuries and suffered physical and mental pain, which caused him mental disturbance. Therefore,. the following amounts were awarded on various heads : Sl.No Head Amount 01. Physical and mental pain Rs.10,000/- 02. Transportation expenses Rs. 3,000/- 03. Special diet Rs. 5,000/- 04. Attendant charges Rs. 5,000/- 05. Life expectancy Rs.20,000/- Total Rs. Rs.43,000/- 9. In this case, as observed by the Tribunal, the claimant has not produced any certificate from an authorised Medical Board to prove the permanent disability. A loss of future income can only be awarded if there is a permanent functional disability that affects the claimant's earning capacity. In absence of such evidence, the Tribunal did not work out the loss of income, which cannot be said to be unsustainable. Further, since no medical bills were produced, the Tribunal has not granted any sum towards medical expenses for treatment. Therefore, it cannot be said that just and proper amount has not been awarded. 4 10. The tribunal found that the offending vehicle was run in breach of terms of policy. However, since the vehicle was insured with the Insurer, under the principle of pay recover, Insurance Company has been directed to first pay the compensation to protect the interest of third parties and thereafter recover the same from the driver and owner. 11. In view of the above discussion, I do not find any infirmity in the impugned award warranting interference by this Court in this appeal. 12. Accordingly, this appeal is dismissed at the admission stage, itself. Sd/- Sanjay Kumar Jaiswal Judge Rao