1 2026:CGHC:15877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1064 of 2020 1 - Narendra Kumar @ Naarendra Singh Thakur S/o Shri Chattan Singh Aged About 18 Years ( Mentally Retarded), Through His Natural Guardian Chattan Singh, Caste Dhakad, Present Add.- Village Timnaar Navmetapara Narayanpur, District- Narayanpur, Chhattisgarh, District : Narayanpur, Chhattisgarh ... Appellant(s) versus 1 - Shanu Gupta S/o Shitala Prashad Gupta Aged About 23 Years Caste Bhunjava, R/o Hikmipara Jagdalpur, Thana Bodhghat, District- Bastar, Chhattisgarh (Driver Of The Offending Vehicle), District : Bastar(Jagdalpur), Chhattisgarh 2 - Shitala Prashad Gupta S/o Late Chotelal Gupta Aged About 51 Years Caste Bhunjava, R/o Hikmipara Jagdalpur, Thana- Bodhghat, District- Bastar, Chhattisgarh ( Owner Of The Offending Vehicle ), District : Bastar(Jagdalpur), Chhattisgarh 3 - Through Branch Manager, The New India Insurance Company Limited, Aakashwani Raod Jagdalpur, District- Bastar, Chhattisgarh ( Insurer Of The Offending Vehicle ), District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.08 11:03:56 +0530 2 For Appellant(s) : Mr. Vikash Shrivastava, Advocate For Respondent No. 3 : Mr. Qamrul Aziz, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 07.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant challenging the impugned award dated 16/01/2020 passed by learned 2nd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G.) in Claim Case No. 140/2018 whereby learned Claims Tribunal has partly allowed the claim application of the appellant and awarded a total sum of Rs. 2,07,361/- as compensation for the injuries sustained by him. 2. Learned counsel for the appellant submits that on account of the accident, appellant suffered grievous injuries and became completely disabled and mentally retarded as he is not even able to hear and understand anything, as such, though the appellant has neither brought any disability certificate on record nor he has examined any Doctor in his evidence but in in light of the decision rendered by the Supreme Court in the matter of Raj Kumar v. Ajay Kumar and Another1, matter be remanded to the Claims Tribunal to refer the appellant to the District Medical Board for assessment of his 1 (2011) 1 SCC 343 3 disability and thereafter, deciding the question of quantum of compensation afresh as per the disability certificate issued by the District Medical Board in accordance with law. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and needs no interference by this Court. 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 matter of Raj Kumar (supra), their Lordships of the Supreme Court have held as under :- “18…. If the Tribunal is not satisfied with the medical evidence produced by the claimant, it can constitute a Medical Board (from a panel maintained by it in consultation with the reputed local hospitals/medical colleges) and refer the claimant to such Medical Board for assessment of the disability.” 6. Thus, in view of the decision rendered by the Supreme Court in Raj Kumar (supra), as noticed herein-above, the impugned award is hereby partly set aside and matter is remitted to the Claims Tribunal to refer the appellant/claimant to the District Medical Board for evaluating his disability (if any) and thereafter, recording evidence of the parties afresh on the issue of disability suffered by the appellant/claimant and thereafter, for passing a additional award in accordance with law within three months from the date of receipt of a copy of this order. 4 7. Accordingly, this appeal is allowed to the extent indicated herein- above. Sd/- (Sanjay K. Agrawal) Judge Harneet