1 2026:CGHC:16416 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 895 of 2019 1 - Hemchandra Shrivastava S/o Narmada Prasad Shrivastawa Aged About 59 Years R/o Devendra Nagar, Behind Power House, Ameri, Road, Nehru Nagar, Bilaspur Chhattisgarh Present Address Mahapour Para, Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh --- Appellant(s) versus 1 - Vikash Jaiswal S/o Pramod Jaiwal Aged About 30 Years R/o Near Jain Mandir Kurumkera, Bagicha, Police Station And Tahsil Bagicha, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Jhurna Sahu W/o Yugal Kishor Sahu R/o Behind Shiv Mandir Purena Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Branch Manager The New India Insurance Company Limited Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.10 11:01:11 +0530 2 For Appellant : Ms. Shruti Shrivastava, Advocate For Respondent No. 3 : Ms. Suchi Ramteke on behalf of Mr. B.N. Nande, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 09.04.2026 1. Appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 seeking enhancement of compensation, challenging the impugned award dated 28/02/2019 passed by learned Additional Motor Accident Claims Tribunal (FTC) Ambikapur in Claim Case No. 12/2018 whereby compensation of Rs. 4,28,380/- has been awarded in favour of the appellant/claimant for the injuries suffered by him. 2. Ms. Shruti Shrivastava, learned counsel for the appellant/claimant, would submit that the compensation awarded by the Claims Tribunal is on the lower side and it may suitably be enhanced. 3. Ms. Shruti Ramteke, learned counsel for respondent No. 3/Insurance Company, would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not require any 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. 3 5. Considering the nature of the accident as well as the injuries suffered by the appellant/claimant and further considering the facts and circumstances of the case, this Court is re-computing the compensation as stated below :- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Medical Expenses Rs. 3,77,685/- Rs. 3,77,685/- 2. Pain and Suffering Rs. 10,000/- Rs. 15,000/- 3. Attendant’s fee Rs. 3,750/- Rs. 5,000/- 4. Nutritional Food Rs. 4,000/- Rs. 5,000/- 5. Travelling Expenses Rs. 5,000/- Rs. 5,000/- 6. Loss of Income Rs. 20,000/- Rs. 40,000/- 7. Hotel Expenses Rs. 5,000/- Rs. 7,945/- Total Rs. 4,28,380/- Rs. 4,55,630/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 4,28,380/- awarded by the Claims Tribunal is enhanced to Rs. 4,55,630/-. Hence, the claimant is held entitled for an additional compensation of Rs. 27,250/-. 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 08/01/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 4 7. Accordingly, this appeal is allowed to the extent indicated herein-above and the impugned award is modified. Sd/- (Sanjay K. Agrawal) Judge Harneet