1 CGHC010333072023 2026:CGHC:41987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1693 of 2023 Minor Thanda Ram @ Ansu Yadav, S/o Shiv Kumar Yadav, Aged About 4 Years, Through Legal Guardian Father Shiv Kumar Yadav, S/o Shambhu Yadav, Aged About 32 Years, R/o Village Salkhand, Police Station Basna, District Mahasamund (C.G.) Present Address Ward No. 17, Malidipa Raigarh, Police Station, Tahsil And District Raigarh (C.G.) ... Appellant versus 1 - Gopal Sahu, S/o Hiralal Sahu, Aged About 30 Years, R/o Village And Post Chhind, Police Station And Tahsil Raigarh, District Raigarh (C.G.) (Driver And Owner Of Alleged Vehicle) 2 - Chola M.S. General Insurance Company Limited, Office: Krishna Complex Ground Floor, Dhimrapur Road, Raigarh, District Raigarh (C.G.) ... Respondents For Appellant : Mr. Ajeet Kumar Yadav, Advocate For Respondent No.2 : Mr. Prashant Sahu, Advocate Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (26/09/2026) 1. 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 01/11/2022, passed in Claim Case No.52/2021, whereby the learned Claims Tribunal awarded a total sum of Rs. PRASHANT DEWANGAN Digitally signed by PRASHANT DEWANGAN Date: 2026.09.29 18:23:38 +0530 2 20,000/- as compensation to the claimant/appellant for the injuries sustained in an accident that took place on 10/09/2020. 2. Learned counsel appearing for the appellant submits that the appellant, aged about 4 years, was a minor and sustained grievous injuries to his right leg. He was admitted to the hospital for about two months and continues to undergo treatment. The learned Claims Tribunal has awarded a sum of Rs.20,000/- only towards physical and mental pain. However, the learned Claims Tribunal has failed to award any compensation under the heads of loss of income during the period of treatment, transportation expenses, attendant charges and special diet. It has also failed to award any compensation towards the expenses likely to be incurred for future treatment. Therefore, it is prayed that the instant appeal be allowed and the compensation awarded by the Claims Tribunal be suitably enhanced. 3. Learned counsel appearing for respondent No. 2/Insurance Company submits that the appellant has failed to produce any documentary evidence in support of the medical expenses allegedly incurred. It is further submitted that the learned Claims Tribunal, after duly appreciating the 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 in hand, a perusal of the documents available on record indicates that the accident took place on 10.09.2020, in which the appellant sustained grievous injuries to his right leg. Ex.P/4 is the MLC report and Ex.P/5 is the X-ray report, which establish that the appellant had sustained fracture of the right tibia and fibula. Though no documentary evidence has been produced in support of the medical expenses incurred by the appellant, considering the nature of the injuries, it can reasonably be inferred that he remained incapacitated from performing his normal activities for about two months during the 3 period of treatment. The tribunal has awarded a lump-sum amount of Rs.20,000/- towards physical and mental pain and suffering. 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, it is reasonable to award Rs. 20,000/- towards loss of income of father during treatment of minor, transportation, attendance charge and special diet. Accordingly, the impugned award stands modified to this extent. 6. Thus, 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 physical and mental suffering Rs. 20,000/- Rs. 20,000/- 2. Towards loss of income (of father) during treatment, transportation, attendance charge and special diet Nil Rs. 20,000/- Total Rs. 20,000/- Rs. 40,000/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.20,000/- awarded by the Claims Tribunal is enhanced to Rs.40,000/-. Hence, after deducting the amount of Rs.20,000/-, the appellant is held entitled for an additional amount of Rs.20,000/-. 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. 8. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. 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 4 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