1 CGHC010014362022 2026:CGHC:37212 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 55 of 2022 1 - Kapil Prasad Prajapati S/o Sainath Prajapati, Aged About 30 Years R/o Devnagar (Kumharpara), Tehsil - Ramanujganj, Police Station - Surajpur, District - Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ... Appellant versus 1 - Surendra Prajapati S/o Nanda Ram, Aged About 21 Years R/o Devnagar (Kumharpara), Tehsil - Ramanujganj, Police Station - Surajpur, District - Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ... Respondent(s) For Appellant : Mr. Vijay Kumar Sahu, Advocate For Respondent : None. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board 19.08.2026 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 22.09.2021, passed in Claim Case No.142/2019, whereby the learned Claims Tribunal has awarded a total sum of Rs.2,98,350/- as compensation to appellant, namely, Kapil Prasad Prajapati for the injuries sustained by them in a road accident which took place on 23.12.2018. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding an inadequate amount of compensation, which does not commensurate with the nature and extent of injuries sustained by the injured. It is submitted that the injured sustained injuries over the temporal region, right hand, right eye and the left side of his head. On account of the injuries, the left temporal region was required to be operated upon and the injured underwent two surgical procedures on his head. He remained hospitalized from 23.12.2018 to 08.01.2019, i.e., for approximately 17 days. Learned counsel would further submit that the learned Claims Tribunal has awarded only a sum of Rs.2,28,350/- towards medical expenses and has awarded a total compensation of merely Rs.2,98,350/-. It is contended that no amount has been awarded towards future medical treatment or the likely complications and future consequences arising from the injuries sustained by the injured. Further, no amount has been awarded towards attendant charges. It is also submitted that an inadequate amount of Rs.10,000/- each has been awarded towards transportation and special dies expenses, which is wholly insufficient considering the nature of the injuries, prolonged hospitalization and surgical treatment undergone by the injured. Accordingly, learned counsel for the appellants submits that the compensation awarded by the learned Claims Tribunal is inadequate and deserves to be suitably enhanced. 3. No one appeared on behalf of the respondents despite of notice. 3 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. The accident took place on 23.12.2018 and the injured remained hospitalized for approximately 17 days and underwent two to three surgical procedures on account of the injuries sustained in the accident. The nature and extent of the injuries are undoubtedly grievous in nature. The injured has also stated that he continues to suffer from persistent headaches and that, due to the injuries sustained, a portion of his head has been pressed by approximately two inches. Considering the nature of the injuries, the prolonged hospitalization and the surgical procedures undergone by the injured, this Court is of the view that the amount awarded by the learned Claims Tribunal towards medical expenses is inadequate. It is also a matter of common experience that in the course of prolonged medical treatment, certain incidental medical and related expenditures are incurred for which receipts or documentary proof may not always be available. 6. Accordingly, this Court deems it appropriate to award a sum of Rs.2,50,000/- towards medical expenses. Since the injured remained hospitalized for approximately 17 days and was thereby unable to pursue his occupation during the said period, a sum of Rs.50,000/- is awarded towards loss of income. Considering the grievous nature of the injuries, the surgical procedures undergone, prolonged hospitalization and the resultant pain and suffering, a 4 sum of Rs.50,000/- is awarded towards mental agony. A further sum of Rs.15,000/- is awarded towards transportation expenses and Rs.15,000/- towards special diet. Having regard to the nature of the injuries and the possibility of further medical intervention, a sum of Rs.30,000/- is awarded towards future medical treatment. Further, considering the possibility of complications and future consequences arising from the injuries sustained in the accident, a sum of Rs.40,000/- is awarded under the said head. However, the amount awarded under other conventional heads are on the lower side, the compensation deserves to be re-computed as under:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Medical Expenses Rs. 2,28,350/- Rs. 2,50,000/- 2. Loss of Income during Hospitalization NA Rs.50,000/- 3. Pain and Suffering Rs. 50,000/- Rs. 50,000/- 4. Special Diet, Transportation & Attendant Rs.20,000/- for Special Diet and Transportation Rs.30,000/- 5 Future Medical Expenses NA Rs. 30,000/- 6 Mental Agony NA Rs.50,000/- 7 Complications and Future Consequences arising from the Accident NA Rs.40,000/- Rs. 2,98,350/- Rs. 5,00,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.2,98,350/- awarded by the Claims Tribunal to appellant is 5 enhanced to Rs.5,00,000/-. Hence, the appellant is held entitled for an additional amount of Rs.2,01,650/-. 8. 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. 9. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 10. The Registry is directed to communicate the claimant 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 Saxena