1 CGHC010005182021 2026:CGHC:37087 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 96 of 2021 Sanjay Kumar Dhirani S/o Shri Kaudamal Dhirani, Aged About 22 Years R/o Juna Bilaspur, Police Station- City Kotwali, Tahsil And District- Bilaspur, Chhattisgarh. ... Appellant versus 1 - Rakesh Kalvin S/o Rajendra Kalvin Aged About 26 Years R/o Dev Travels, Near Neta Subhah Chandra Stadium, Raipur, District- Raipur, Chhattisgarh. (Driver- Innova Car No. C.G.-04- CV-7100) 2 - Bharat Dev R/o Om Behind Netaji Subhash Chandra Stadium, Raipur, Tahsil And District- Raipur, Chhattisgarh. (Owner- Innova Car No. C.G.-04-CV-7100) 3 - Branch Manager The New India Insurance Company Limited, Branch Office, Second Floor, Rama Trade Center, In Front Of Rajeev Plaza, Bus Stand Road, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh. (Insurer- Innova Car No. C.G.-04-CV- 7100) ... Respondent(s) For Appellant : Mr. Hemant Kumar Agrawal, Adv. For Respondent No.3 : Mr. Anil Gulati, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.08.21 15:22:53 +0530 2 Order On Board 19/08/2026 1. Heard on I.A. No.01/2021, for condonation of delay in filing the appeal. 2. It is a claimant’s appeal seeking enhancement of the compensation awarded by the Tribunal. 3. Upon due consideration, I.A. No. 01 is allowed and the delay of 709 days in filing the appeal stands condoned. 4. Heard on admission. 5. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, “the Act of 1988”) has been preferred by the injured appellant/claimant assailing the award dated 29.10.2018 passed by learned 3rd Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No.217/2011, whereby a total sum of 1,12,822/- has been ₹ awarded as compensation for the injuries sustained by the appellant in the motor accident which occurred on 07.03.2010. 6. Learned Tribunal, upon appreciation of the oral and documentary evidence available on record, assessed the compensation under the following heads: S.N. Head Calculation 1 Loss of income during treatment (for three months) 49,200 2 Medical expenses 28,622 3 Physical & Mental Agony 25,000 4 Transportation & Nutritious Diet 10,000 Total Awarded Amount Rs.1,12,822 3 7. Learned counsel appearing for the appellant submits that the Tribunal has erred in not taking into consideration the 20% permanent disability allegedly suffered by the appellant on account of the injuries sustained in the accident. It is submitted that no amount has been awarded towards attendant charges and future medical expenses. He further submits that the amount awarded towards transportation and special diet is inadequate and that the medical expenses claimed by the appellant have not been fully considered, as the Tribunal has awarded only 28,622/- under the said ₹ head. It is, therefore, prayed that the impugned award be suitably modified and the compensation be enhanced. 8. Per contra, learned counsel appearing for respondent No.3/Insurance Company opposes the submissions advanced on behalf of the appellant and submits that, having regard to the evidence available on record and the nature of injuries sustained by the appellant, the compensation awarded by the Tribunal is just and reasonable and does not warrant any enhancement. 9. Heard learned counsel for the parties and perused the record with due care and circumspection. 10. As regards permanent disability, it is evident from paragraph 12 of the impugned award that the appellant/claimant relied upon the Disability Certificate (Ex.A-18). However, the concerned doctor who issued the said certificate was not examined before the Tribunal to prove the alleged 20% permanent disability. Further, the appellant himself admitted in his cross-examination that he appeared before the Court without any support and that he was able to walk without the aid of crutches. He further admitted in paragraph 14 of his deposition that he was able to drive a 4 truck. In view of the aforesaid evidence, the Tribunal recorded a finding that it is not proved that the claimant has suffered any permanent disability or disablement as a result of the aforesaid accident. However, from the evidence on record, it stands proved that the claimant sustained grievous injuries. 11. So far as the remaining heads of compensation are concerned, the Tribunal has awarded 28,622/- towards ₹ medical expenses, 49,200/- towards loss of income for the ₹ period of three months, 25,000/- towards physical and ₹ mental agony and 10,000/- towards transportation and ₹ special diet. Upon consideration of the evidence available on record, the date of incident and the nature of injuries sustained by the appellant, the amounts so awarded appear to be just, proper and reasonable. No material has been brought on record to demonstrate that the appellant incurred any further medical expenditure or that he required attendant services or future medical treatment warranting an additional award under those heads. 12. In view of the foregoing discussion and upon a careful examination of the evidence available on record, this Court finds no illegality, perversity or error in the impugned award warranting interference by this Court in exercise of appellate jurisdiction under Section 173 of the Act of 1988. 13. Consequently, the appeal, being devoid of merit, is hereby dismissed at the motion stage. Sd/- (Sanjay Kumar Jaiswal) JUDGE Khatai