1 CGHC010312052023 2026:CGHC:42312 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1609 of 2023 1 - Suresh Kumar Yadav S/o Thanuram Yadav Aged About 35 Years R/o Village Riwandih, P.S. Gidhpuri, Tahsil Palari, District Balodabazar (C.G.),...(Claimant) ... Appellant versus 1 - Pramod Kumar Singh S/o Late Radheshyam Singh Aged About 38 Years R/o Village Gaddhaula, Ward No. 15, Post Tilai, P.S. Janjgir District Janjgir Champa (C.G.)(Driver And Owner Of Vehicle No. Cg- 11AV-2023),..(Non-Applicant) 2 - Megma H.D.I. General Insurance Company Limited Through - Branch Manager, Branch Office, R/o Ground Floor, Kirti Complex, Near Bank Of Inda, Rajendra Nagar Chowk, P.S. Civil Line, Tahsil And District Bilaspur (C.G.)(Insurer Of Vehicle No. C.G.-11AV- 2023),....(Non-Applicant) ... Respondents For Appellant/Claimant : Mr. A.L. Singroul, Advocate. For Respondent No. 1 : Mr. Nishant Basak, Adv. on behalf of Mr. Ashutosh Trivedi, Adv. For Respondent No. 2 : Ms. Mansi Bandey, Adv. on behalf of Mr. Sourabh Sharma, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (29.09.2026) 1. With the consent of the parties, the matter was heard finally. Digitally signed by HEERA LAL SAHU Date: 2026.09.30 10:19:21 +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 03.07.2023, passed in Claim Case No. 756/2021, whereby the learned Claims Tribunal awarded a total sum of Rs. 5,13,563/- as compensation to the claimant/appellant for the injuries sustained in a road accident that took place on 09.10.2020. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in the said accident, and his right leg and right thigh have been operated on, and a rod was inserted; therefore, looking to the injuries sustained by the appellant, the amount awarded by the learned Tribunal is very low and needs to be enhanced suitably. The learned Claims Tribunal has not awarded any amount towards future medical expenses, and the awarded amount of compensation on the other heads is also on the lower side. Therefore, it is prayed that the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced. 4. Learned counsel for respondents 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. 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 in hand, a perusal of the documents on record indicates that the appellant suffered a fracture in his right leg, but he has not produced any documents or medical certificate for any permanent disability. As evidenced by Exs. P-15, P-13, P-14 and P-61, the appellant was admitted to Rajdhani Super Specialty Hospital, Raipur (C.G.) from 09.10.2020 to 14.10.2020, from 03.03.2021 to 08.03.2021 and from 3 25.03.2021 to 30.03.2021 & to Swastik Nursing Home & Troma Center, Raipur (C.G.) from 07.10.2021 to 08.10.2021, i.e. about 20-21 days, where he underwent treatment for his accident- related injuries and a rod was inserted to his right leg. The appellant produced medical bills totalling Rs. 4,42,563/- (Ex. P- 16 to Ex. P-60), which were duly considered by the Claims Tribunal. However, this Court observes 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. Consequently, looking to the facts and circumstances of the case, it is reasonable to enhance some amount on some heads, and it is also appropriate to award an amount of Rs. 30,000/- towards medical expenses for future treatment. 7. Accordingly, in light of the aforesaid discussion, this Court is calculating the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Towards medical expenses Rs. 4,42,563/- Rs. 4,60,000/- 2. Towards attendant expenses Rs. 5,000/- Rs. 20,000/- 3. Towards transport expenses Rs. 15,000/- Rs. 20,000/- 4. Towards special diet Rs. 5,000/- Rs. 20,000/- 5. Towards Pain and suffering Rs. 25,000/- Rs. 50,000/- 6. Towards loss of income during treatment Rs. 21,000/- Rs. 50,000/- 7. Towards medical expenses for future treatment Nil Rs. 30,000/- Total Rs. 5,13,563/- Rs. 6,50,000/- 8. In view of the aforesaid analysis, the amount of compensation of Rs.5,13,563/- awarded by the Claims Tribunal is enhanced to 4 Rs.6,50,000/-. Hence, after deducting the amount of Rs.5,13,563/-, the appellant is held entitled for an additional amount of Rs.1,36,437/-. 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 claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge H.L. Sahu