1 2026:CGHC:7985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1523 of 2024  Tushar Sinha S/o Madhav Sinha Aged About 22 Years R/o Village Kesla P S Kharora, Dist. Raipur, C.G. (Driver Of Vehicle No. C.G.- 04-ML-3818) ... Appellant versus 1. Daulatram Chandrakar S/o Late Narayan Lal Chnadrakar Aged About 62 Years R/o Quarter No. 33/5, E-South Vasundhara, Nagar Bhilai-3, Dist Durg, C.G. (Driver And Owner Of Car No. C.G.- 07-MA-5305) 2. United India Insurance Company Limited Divisional Office, Divisional Manager, Krishna Complex, Kacheri Chowk, Tehsil And District Raipur, C.G. (Insurance Company Of Car No. C.G.- 07-MA-5305) ... Respondent(s) For Appellant/Claimant : Mr. Akash Kundu, Advocate For Respondent No. 1 : Mr. Devanshi Chakraborty, Advocate holding the brief of Mr. HAPS Bhatia, Advocate For Respondent No. 2 : Mr. Abhishek Mishra, Advocate holding the brief of Mr. B.N. Nande, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.02 .2026 1. The claimant has preferred this appeal for enhancement of compensation challening the judgment and award passed by the learned 2nd Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Case No. 148/2023 dated 02.03.2024, whereby the learned Tribunal has granted compensation to the tune of Rs. 5,51,800/- with interest at the rate of 7% on account of injuries sustained by the claimant. 2. The facts in brief are that on 31.10.2022 at around 1:30 pm the motorcycle of the claimant was dashed by driver of the offending vehicle bearing SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.02.16 17:27:03 +0530 2 registration No. CG 07 MA 5305. In said accident, the claimant sustained serious injuries. He filed a claim case under Section 166 of Motor Vehicle Act, wherein, he pleaded that at the time of accident his age was 21 years and he was student of BSC (Information Technology). It was also pleaded that he was working in Fancy store at Bus stand and earning Rs. 8,000/- per month. The claimant further stated that he sustained injuries including fracture of shoulder bone and knee and he remained hospitalized from 31.10.2022 to 14.11.2022. He claimed a sum of Rs. 35,00,000/-. The Insurance Company filed reply and denied averments made in the claim petition. The learned Tribunal framed issues, parties led evidence, and thereafter, award was passed. 3. Learned counsel for the appellant would submit that the learned Tribunal has not granted proper compensation against the medical expenses incurred in the treatment. He would contend that the claimant sustained permanent disability but same has not been considered by the learned Tribunal. It is also argued that the learned Tribunal has granted meager amount against conventional heads. He would pray to enhance the compensation. 4. On the other hand, learned counsel appearing for respondents would oppose. They would submit that the claimant failed to examine the treating Doctor; the claimant did not suffer any permanent disability and no certificate was placed on record. They would submit that the learned Tribunal has granted just and proper compensation and appeal deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the record. 6. In claim petition, the claimant has pleaded that he sustained serious injuries including fracture. The claimant has placed on record medical bills 3 vide Ex. P/4 to P/47. The learned Tribunal has honoured the medical bills and granted compensation of Rs. 4,11,769/-. The learned Tribunal has further granted a sum of Rs. 25,000/- for loss of study and work, Rs. 50,000/- for pain and suffering, Rs. 50,000/- on account of injuries sustained by the claimant and Rs. 15,000/- for special diet, transportation and attendant. It appears that the learned Tribunal has granted meager amount against special diet, transportation and attendant, but rest part of award appears to be proper. The compensation with regard to special diet, transportation and attendant is enhanced from Rs. 15,000/- to 50,000/-. Thus, the claimant shall be entitled for an additional amount of Rs. 35,000/- with interest at the rate of 7% per annum. 7. The Insurance Company is directed to deposit the enhanced amount of compensation within a period of 60 days from the date of receipt of copy of this order. The appellant shall not be entitled to receive any interest for the period of delay caused in filing this appeal. Rest of the conditions of impugned award shall remain intact. 8. Accordingly, the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant