1 CGHC010143322023 2026:CGHC:41055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 711 of 2023 Niraj Sahu S/o Daulat Ram Sahu Aged About 22 Years R/o Village Riwa, Post Lakhauli, Thana Mandir Hasaud, District Raipur (C.G.) ... Appellant(s) versus 1 - Smt. Nirmla Sinha W/o Late Hemant Sinha Aged About 35 Years R/o Village Chucharungpur, Thana Charama, District Kanker (C.G.) (Legal Successor Owner Of The Offending Vehicle Car No. Cg 19 BJ 6669) 2 - Iffco Tokiya General Insurance Company Limited Through Branch Manager Address M. M. Plaza Ring Road No. 1 Rajendra Nagar Raipur, Tahsil And District Raipur (C.G.) (Insurer Of The Offending Vehicle Car No. Cg 19 BJ 6669) ... Respondent(s) For Appellant : Mr. A. L. Singroul, Advocate For Respondent No.2 : Ms. Nikita Dubey, Advocate, on behalf of Mr. Vaibhav Shukla, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Order On Board 21/09/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.09.22 10:42:45 +0530 2 has been preferred by the injured appellant assailing the award dated 02.11.2022 passed by the learned 1st Additional Motor Accident Claims Tribunal, Raipur, District Raipur (C.G.) in Claim Case No.460/2019, whereby a total compensation of ₹65,000/- has been awarded to the appellant for the injuries sustained by him in a road accident that occurred on 10.02.2019. 2. Learned counsel appearing for the appellant submits that the learned Tribunal has not awarded any amount towards loss of income during the period of treatment. He further submits that the amount awarded towards pain and suffering is inadequate and the amounts awarded towards transportation and nutritious diet are also on the lower side. It is, therefore, prayed that the impugned award be suitably modified by enhancing the amount of compensation. 3. On the other hand, learned counsel appearing for respondent No.2 opposes the submissions made on behalf of the appellant and submits that, considering the facts and circumstances of the case, the compensation awarded by the Tribunal is just and proper and does not call for any enhancement. 4. Heard learned counsel for the parties and perused the record. 5. From the record, it is evident that the injured Niraj Sahu sustained fractures to his left leg, left wrist and left palm and remained hospitalized for about 10 days. Having regard to the nature of injuries and the period of hospitalization, it is reasonable to infer that the appellant incurred expenses towards transportation and nutritious diet and also suffered loss of income during the period of treatment. However, no amount towards loss of income during the period of treatment has been awarded by the learned Tribunal. Considering the 3 nature of injuries, period of hospitalization and the overall facts and circumstances of the case, the compensation awarded by the Tribunal deserves to be modified to the following extent: Heads Amount awarded by the Tribunal Modified/ enhanced amount Medical expenses 38,000 38,000 Pain and Suffering & Mental Agony 10,000 20,000 Transportation 2,000 5,000 Nutritious Diet 5,000 10,000 Other Expenses 10,000 10,000 Loss of income during treatment Nil 10,000 Total Rs. 65,000 Rs.93,000 6. Thus, the appellant is entitled to a total compensation of ₹93,000/-. Accordingly, the enhanced amount comes to ₹28,000/- ( 93,000 − 65,000) ₹ ₹ over and above the amount already awarded by the Tribunal. 7. In the result, the appeal is partly allowed. The claimant shall be entitled to enhanced compensation of 28,000/- ₹ in addition to the amount already awarded by the Tribunal. The enhanced amount shall carry interest at the rate of 6% per annum from the date of filing of the claim petition before the Tribunal till its realization. Accordingly, the impugned award stands modified to the aforesaid extent. All other terms and conditions of the impugned award shall remain intact. 8. The Registry is directed to communicate, in writing, to the claimant the details of the enhanced amount of compensation awarded in this appeal over and above the amount awarded by the learned Claims Tribunal. Such communication shall be 4 made in Hindi (Devanagari) language. The assistance of Para- Legal Volunteers may be availed in coordination with the Secretary, District Legal Services Authority of the concerned area where the claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai