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2026 DAILYLAW 35232 (CHH)

MOHAN LAL BHARDWAJ v. SHIVAM DWIVEDI

MAC/2049/2026 · 2026-09-10

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 CGHC010352492026 2026:CGHC:39834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2049 of 2026 1 - Mohan Lal Bhardwaj S/o Late Kamta Prasad Bharwaj Aged About 55 Years R/o Village Goda, Police Station Palari, District Balouda, Bazar Bhatapara. C. G. ... Appellant versus 1 - Shivam Dwivedi S/o Sushil Kumar Dwivedi, R/o Prohan Tola Ward No. 09, Lima, Khas (Bada Lima) Post Office Ramnagar, Tehsil Ramnagar, District Satna, M P. -----(Driver Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. -22 C -0553). 2 - Durga Career Private Limited Through Its Director, Shashi Bhushan Address Lavan Road Baloda, Bazar, Police Station And Tehsil Balouda, Bazar District Balouda Bazar Bhatapara, C. G. ---- (Owner Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. -22 C -0553). 3 - Insurance Company The New India, Insurance Company Limited Branch Office Ambedkar,chowk Raipur Road, Balouda, Bazar District Balouda, Bazar Bhatapara, C.G. -----(Insurer Of Alleged Offending Vehicle Truck Bearing Registration No. C.G. -22 C -0553). ... Respondent(s) For Appellant : Mr. S.P. Sahu, Advocate. For Respondents : Not noticed. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board (11.09.2026) SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.09.11 16:22:03 +0530 2 1. Heard on admission. 2. This is the claimant’s appeal for enhancement against the award dated 06.08.2026 passed by the Motor Accident Claims Tribunal, Balodabazar-Bhatapara (C.G.) in Motor Accident claim case No. 207/2025 whereby a compensation amount of Rs. 81,675/- has been awarded in favour of the claimant. 3. Learned counsel appearing for the Appellant submits that the Appellant is aged about 55 years and sustained injuries in the motor accident. On account of the injuries sustained, he is unable to move around and is also unable to perform his daily routine work. It is further submitted that the compensation awarded by the learned Tribunal is on the lower side and the same deserves to be suitably enhanced. 4. I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned. 5. On a meticulous scrutiny of the evidence on record, the learned Tribunal recorded a finding that the accident occurred due to the rash and negligent driving of the vehicle bearing Registration No. CG-22-C-0553, driven by Respondent No. 1 (Shivam Dwivedi) and owned by Respondent No. 2 (Durga Career Private Ltd). In paragraph 10 of the award, the learned Tribunal observed that, as per the MLC report, marked as Exhibit A-6, and the treatment records, marked as Exhibits A-8 to A-15, the Claimant had undergone treatment for the injuries sustained in the accident. The CT Scan reports, marked as Exhibits A-11 and A-35, reveal that the eighth, ninth and tenth ribs on the right side of the Claimant’s chest had sustained minor displacement. Although, from a medical standpoint, such fractures may ordinarily be regarded as minor or relatively low-risk injuries, injuries to the ribs may carry a potential risk of internal complications. Therefore, having regard to the nature and location of the injuries sustained, the Claimant was considered to have suffered grievous injuries in the said accident dated 21.05.2025. On account of the injuries sustained in the said accident, the Claimant was temporarily incapacitated from attending to his 3 day-to-day activities and professional duties for a period of about two months, thereby resulting in loss of income and causing him mental agony and physical suffering. The Claimant also incurred expenses towards attendant charges and a special/nutritious diet during the course of his treatment. In view of the documentary evidence substantiating the medical expenses incurred by the Claimant, as reflected in Exhibits A-18 to A-30, and having regard to the nature and extent of the injuries sustained by him, the learned Tribunal deemed it just and reasonable to award compensation of 14,000/- towards loss of ₹ income for a period of two months, 5,000/- towards ₹ special/nutritious diet, 5,000/- towards attendant charges, ₹ ₹25,000/- towards pain and suffering, and 32,675/- towards ₹ medical expenses. Thus, a total compensation of 81,675/- was ₹ awarded to the Claimant. 6. On a careful consideration of the material on record, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and proper. There is no infirmity in the impugned award warranting interference. 7. Accordingly, the appeal of the appellant is hereby dismissed at the admission stage itself. Sd/- Sanjay Kumar Jaiswal Judge $ourabh