1 CGHC010426362022 2026:CGHC:41054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2 of 2023 Dashrath Kashyap S/o Dashmu Kashyap, Aged About 50 Years R/o Village Chhindwada, P.S. Darbha, District Bastar Chhattisgarh. ... Appellant versus 1 - Sampat Kashyap S/o Bhaduram Kashyap, Aged About 30 Years R/o Near Pandripani Bank, P.S. Parpa, District Bastar (Owner Cum Driver) 2 - Branch Manager, Shriram General Insurance Co. Ltd, Plot No. 1, 4th Floor Heights, Beside R.K. Mall, Great Eastern Road, Raipur District Raipur Chhattisgarh (Insurance Co.) ... Respondents For Appellant : Mr. Abhishek Nirala, Advocate appears on behalf of Mr. Pravin Kumar Tulsyan, Advocate For Respondent No.1 : None For Respondent No.2 : Mr. Pravesh Sahu, Advocate appears on behalf of Mr. P.R. Patankar, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (21/09/2026) 1. This is the claimants’ appeal for enhancement against the award dated 02/05/2022 passed by the learned First Additional Motor Accident Claims Tribunal, Jagdalpur, District- Bastar (C.G.) in Motor Accident claim case No. 301/2019 whereby a compensation amount of Rs. 1,88,750/- has been awarded in favour of the claimant. PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.09.24 15:38:39 +0530 2 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in awarding lesser compensation in the facts and circumstances of the case. It is submitted that the learned Claims Tribunal has awarded a total sum of Rs.1,88,750/-, comprising Rs.1,40,000/- towards medical and treatment expenses, Rs.40,000/- towards physical and mental pain and suffering, attendant charges and special diet, and Rs.8,750/- towards loss of income during the period of treatment. It is further submitted by learned counsel for the appellant that the deceased had undergone treatment at four different hospitals situated in different States for 35 days. It is also submitted that the deceased had sustained injuries to the head, leg, chest, shoulder and hand. Therefore, the amount awarded under the other heads of compensation is on the lower side and deserves to be enhanced suitably. It is, therefore, prayed that the instant appeal be allowed and the compensation awarded by the learned Claims Tribunal be suitably enhanced. 3. On the other hand, learned counsel appearing for respondent No. 2/Insurance Company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 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. In the case at hand, a perusal of the documents on record indicates that the appellant sustained injuries on head, leg, chest, shoulder and hand. As is evident from Ex. P-10 to Ex. P- 237, the appellant remained admitted and underwent treatment for about 35 days at different hospitals, namely, Medical College, Dimrapal; Ramkrishna Care Hospital, Raipur; M.P.M. Hospital, Jagdalpur; Apollo Hospital, Vishakhapatnam; Pinnacle 3 Hospital, Vishakhapatnam; and Indus Hospital, Vishakhapatnam. The learned Claims Tribunal has awarded a sum of Rs.1,40,000/- towards medical and treatment expenses, Rs.40,000/- towards physical and mental pain, attendant charges and special diet, Rs.8,750/- towards loss of income during the period of treatment. However, this Court is of the view that, apart from documented expenses, a victim inevitably incurs miscellaneous out-of-pocket expenses during hospitalisation and treatment for which formal receipts cannot be produced. 6. Accordingly, it would be just and reasonable to enhance the compensation under the other head of medical expenses. Considering the nature of injuries sustained by the injured, the duration of treatment, the fact that the injured remained admitted for about 35 days in different hospitals situated in different States, and the expenses and inconvenience necessarily incurred during the course of treatment, this Court is of the view that the compensation awarded under the heads of loss of income during the period of treatment and physical and mental pain, attendant charges and special diet requires suitable enhancement. Accordingly, the amount awarded towards loss of income during the period of treatment is enhanced from Rs.8,750/- to Rs.35,000/-, while the amount awarded towards physical and mental pain, attendant charges and special diet is enhanced from Rs.40,000/- to Rs.80,000/-. Further, considering the repeated hospitalization and treatment at different hospitals, a sum of Rs.40,000/- is awarded towards transportation expenses and a sum of Rs.20,000/- is awarded towards future treatment. Accordingly, the impugned award stands modified to this extent. 7. Thus, in light of the aforesaid discussion, this Court is calculating the compensation as below:- 4 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Towards medical expenses Rs. 1,40,000/- Rs. 1,40,000/- 2. Towards loss of income Rs. 8,750/- 35,000/- 3. Towards transportation Nill Rs. 40,000/- 4. Towards Pain and suffering, special diet and attendant Rs. 40,000/- Rs. 80,000/- 5. Towards future treatment Nill Rs. 20,000/- Total Rs. 1,88,750/- Rs. 3,15,000/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.1,88,750/- awarded by the Claims Tribunal is enhanced to Rs.3,15,000/-. Hence, after deducting the amount of Rs.1,88,750 /-, the appellant is held entitled for an additional amount of Rs.1,26,250/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 9. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 10. The Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Prashant