1 CGHC010029762024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 200 of 2024 Lalluram Yadav S/o Late Shri Dhaniram Yadav Aged About 52 Years Bank Worker, R/o Bailabazara Para, Pandit Deendayal Upadhyay Ward, Jagdalpur, District Bastar (C.G.),...(Claimant) ... Appellant versus 1 - Vishnu Gupta S/o Late Shri Devi Prasad Gupta Aged About 35 Years R/o Danteshwari Ward, Near Gausiya Masjid, Jagdalpur, District Bastar (C.G.) (Vehicle Driver / Vehicle Owner) 2 - Branch Manager Through The National Insurance Company Limited, Sirasar Chowk, Jagdalpur, District Bastar (C.G.), (Insurance Company) --- Respondent(s) For Appellant : Mr. Vibhor Goverdhan, Adv. For Respondent No.1 : None For Respondent No.2 : Mr. Dashrath Gupta, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (22.09.2026) 1. With the consent of learned Counsel appearing for the parties, the matter is heard finally. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.23 14:29:23 +0530 2 2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 29.11.2023 passed in Claim Case No. 330/2021 by the learned 3rd Additional Motor Accident Claims Tribunal, (C.G.), whereby the learned Claims Tribunal has awarded a total sum of Rs. 98,883/- as compensation for the injuries sustained by the appellant/claimant in a road accident which took place on 29.07.2021. 3. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding a lesser amount of compensation in the facts of the case. The appellant remained admitted for 5 days and his spinal cord was fractured. The Claims Tribunal has not awarded any amount towards loss of income during the period of treatment and future medical expenses. Therefore, the instant appeal may be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 4. Learned counsel for respondent No. 2/Insurance Company would submit that the Claims Tribunal, after appreciating the oral and documentary evidence available on record, has rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 6. In the case at hand, it is true that though the claimant has not sustained any permanent disability, he did sustain a fracture of his spinal cord. The Claims Tribunal has not 3 awarded any amount towards loss of income during the period of treatment and future medical expenses. As the appellant remained hospitalized for 5 days and considering the nature of injuries sustained by him, a sum of Rs. 15,000/- is held to be just and proper to be awarded to him under the head of loss of income during the period of treatment. Furthermore, a sum of Rs. 10,000/- is held to be just and proper towards future treatment. It is pertinent to mention that it is not possible to preserve all the bills, therefore, under the head of medical expenses, a sum of Rs. 35,000/- is held to be just and proper to be awarded to him in place of Rs. 32,583/-. To that extent, the impugned award deserves to be modified. 7. Thus, in light of the aforesaid discussion, this Court is recomputing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Treatment Rs.32,583/- Rs.35,000/- 2. Mental Trauma and pain and suffering Rs. 25,000/- Rs. 25,000/- 3. Towards Attendant and nutritious diet Rs. 20,000/- Rs. 20,000/- 4. Transportation Rs.21,300/- Rs.21,300/- 5. Loss during treatment NA Rs. 15,000/- 6. Future Treatment NA Rs.10,000/- Total Rs.98,883/- Rs.1,26,300/- 4 8. In view of the aforesaid analysis, the amount of compensation of Rs.98,883/- awarded by the Claims Tribunal is enhanced to Rs.1,26,300/-. Hence, after deducting the amount of Rs.98,883/-, the appellants are held entitled for an additional amount of Rs.27,417/-. The additional amount of compensation shall carry interest @ 6% per annum from 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 claimants 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 claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham