1 CGHC010112612023 2026:CGHC:42215 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 530 of 2023 Shyam Narayan Gupta S/o Ashok Prasad Gupta Aged About 29 Years Present R/o Infront Of Pradhanmantri Awas, Near Mile Stone Academic, Khapari, Durg, Tahsil And District Durg Chhattisgarh, Permanent Resident Of Villaege Karmakala, Post Boriyadih, Police Station Chhatarpur, District Palamu (Jharkhand) ... Appellant versus 1 - Suraj Tamrakar S/o Krishna Tamrakar Aged About 25 Years R/o Main Road Udaypur, District Surguja Chhattisgarh (Driver Of Offending Bus No. CG-07/ E-1770) 2 - Jasvinder Singh S/o Harjindar Singh Sawane Aged About 40 Years R/o C/o Firoz Ali, Ward No. 40 Kelabadi, Near Irani Dera, Durg, Tahsil And District Durg Chhattisgarh, (Owner Of Offending Bus No. CG-07/ E-1770) 3 - National Insurance Company Limited Branch Manager, Branch Office, Second Floor, Upper Side Of Karnataka Bank, Station Road Durg, Tahsil And District Durg Chhattisgarh, (Insurer Of Offending Bus No. CG-07/ E-1770) ... Respondent(s) For Appellant : Mr. Praveen K. Dhurandhar, Advocate For Respondents No.1 and 2 : None For Respondent No.3 : Mr. G.V.K. Rao, Advocate PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.09.30 15:27:10 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (28/09/2026) 1. This is the claimants’ appeal for enhancement against the award dated 15/02/2023 passed by the learned 8th Additional Motor Accident Claims Tribunal, Durg, District- Durg (C.G.) in Motor Accident claim case No. 96/2020 whereby a compensation amount of Rs. 1,14,153/- has been awarded in favour of the claimant. 2. Learned counsel for the appellant submits that the accident took place on 06.11.2019, in which the injured, namely Shyam Narayan Gupta, sustained a fracture to his left hand and remained admitted in the hospital for a period of 14 days. It is contended that the learned Claims Tribunal has erred in awarding inadequate compensation, having regard to the facts and circumstances of the case. It is further submitted that the learned Claims Tribunal has assessed the monthly income of the deceased at Rs.7,000/-, whereas the same ought to have been assessed at Rs.7,800/-. It is also submitted that the learned Claims Tribunal has awarded loss of income for a period of only four months during the period of treatment, whereas, in the facts and circumstances of the case, the loss of income ought to have been awarded for a period of eight months. 3. On the other hand, learned counsel appearing for respondent No. 3/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. The learned Claims Tribunal assessed the monthly income of the deceased at Rs.7,000/- and awarded a sum of Rs.44,153/- towards medical and treatment expenses, Rs.28,000/- towards loss of income 3 during the period of treatment, and Rs.42,000/- towards pain and suffering, attendant charges, transportation, and special diet. 6. However, having regard to the nature and extent of the injuries sustained by the deceased, the fact that he underwent an operation, remained hospitalized for a period of 14 days, and may require further treatment in future, this Court is of the considered view that the amount awarded under the aforesaid heads requires enhancement. 7. Accordingly, the amount of Rs.1,14,153/- awarded by the learned Claims Tribunal is enhanced to Rs.1,40,000/- by this Court. 8. In view of the aforesaid analysis, the amount of compensation of Rs.1,14,153/- awarded by the Claims Tribunal is enhanced to Rs.1,40,000/-. Hence, after deducting the amount of Rs.1,14,153/-, the appellant is held entitled for an additional amount of Rs.25,847/-. The additional amount of compensation shall carry interest @ 6% per annum from the date of the filing of the claim application before the 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 Prashant