Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:15573
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 634 of 2020 1 - Vikram Singh S/o Vishram Singh Aged About 22 Years R/o Chandani Chowk Kududand, Police Station- Civil Line, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh
... Appellant(s) versus 1 - Ishwar Soni @ Iswar Prasad Soni S/o Bhatu Sonar Aged About 35 Years R/o Village- Chandwara, District- Kodiya, Police Station- Chandwara (Jharkhand) At Present R/o T.P. Nagar Hathkhoj, Hig-2194, M.P. Housing Board, Bhilai, District- Durg, Chhattisgarh. (Driver Of Offending No. Cg-07, A.V.
-9977),
District
:
Durg,
Chhattisgarh 2 - Through Owner/proprietor- Jagjit Saini Aged About 50 Years, R/o T.P. Nagar, Hathkhoj Hig- 2194, M.P. Housing Board, Bhilai, District- Durg, Chhattisgarh.(Owner Of Offending No. Cg-07, A.V.-9977), District : Durg, Chhattisgarh 3 - National Insurance Company Limited Through Branch Manager, Branch Office Taha Complex Vyapar Vihar Road, Bilaspur, Tahsil And HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.07 11:08:48 +0530
2 District- Bilaspur, Chhattisgarh. (Insurer Of Offending No. Cg-07, A.V.- 9977), District : Bilaspur, Chhattisgarh
... Respondent(s) For Appellant : Mr. Purnendra Khichariya, Advocate For Respondent No. 3 : Mr. Dashrath Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal
Judgment On Board 06.04.2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 30/11/2019 passed by learned 6th Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 64/2017, whereby learned Claims Tribunal has awarded a total sum of Rs. 97,800/- as compensation to the appellant/claimant for the injuries sustained by him.
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Learned counsel for the appellant/claimant would submit that the Claims Tribunal has only granted Rs. 5,000/- each under the heads of pain and suffering, assistance, transpiration and healthy died which is on the lower side, as such, the amount of compensation may suitably be enhanced.
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3.
Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and needs no interference by this Court.
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. Considering the injuries suffered by the appellant/claimant and looking to the fact that the appellant remained hospitalized for 20 days, the compensation awarded by the Claims Tribunal seems to be on the lower side, as such, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court
1. Medical Bills Rs. 77,800/- Rs. 77,800/-
2. Pain and Suffering Rs. 5,000/- Rs. 25,000/-
3. Assistance Rs. 5,000/- Rs. 10,000/-
4. Transpiration Rs. 5,000/- Rs. 10,000/-
5. Healthy Diet Rs. 5,000/- Rs. 10,000/- Total Rs. 97,800/- Rs. 1,32,800/-
6. In view of the aforesaid analysis, the amount of compensation of Rs. 97,800/- awarded by the Claims Tribunal is enhanced to
4 Rs. 1,32,800/-. Hence, the claimant is held entitled for an additional amount of Rs. 35,000/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this
order. The additional amount of compensation shall carry interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 01/02/2017 till its realization. Rest of the conditions of the impugned award shall remain intact.
7. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above.
Sd/- (Sanjay K. Agrawal) Judge Harneet