1 2026:CGHC:18900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 305 of 2019 Manharan Lal Tiwari (Now Dead )through Lrs , 1 - Smt Mandakni Tiwari W/o Late Shri Manharan Lal Tiwari Aged About 52 Years R/o Village And Post Paunsara ,police Station Koni, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Ku. Versha Tiwari S/o Late Shri Manaharan Lal Tiwari Aged About 27 Years R/o Village And Post Paunsara ,police Station Koni, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Suraj Kumar Tiwari S/o Late Shri Manaharan Lal Tiwari Aged About 24 Years R/o Village And Post Paunsara ,police Station Koni, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellants versus 1 - Naim Sarif S/o Jamil Sarif Aged About 35 Years R/o Talapara ,patel Bhawan Near Taiyaba Chowk ,police Station Civil Line ,bilaspur Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.24 16:23:28 +0530 2 2 - I.C.I.C.I. Lombard Insurance Company Limited Through The Brach Manger ,local Office V.R. Plaza Near Deep Hotel ,link Road Bilaspur Chhattisgarh Regional Officer Commercial Building Devendra Nagar Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents For Appellants : Mr. Ramakant Pandey, Advocate For Respondent No. 2 : Mr. Saurabh Gupta, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 24.04.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellants/claimants against the impugned award dated 28/07/2018 (Annexure A/1) passed by learned 9th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 283/2015 seeking enhancement of compensation awarded by the Claims Tribunal. 2. Learned counsel for the appellants/claimants would submit that the original claimant - Manharan Lal Tiwari (now deceased) suffered multiple injuries in the accident, including a fracture in his right leg, extending from the knee to the toe, and owing to the severity of his injuries, he remained hospitalized from 3 16/12/2014 to 12/01/2015 and again from 18/03/2015 to 06/04/2015. Despite the nature and gravity of the injuries, the period of hospitalization and the consequent physical and mental suffering endured by the claimant, the Claims Tribunal has awarded a meagre compensation of Rs. 1,000/-, which is grossly inadequate and deserves to be enhanced. Therefore, the instant appeal be allowed and the compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. In the considered opinion of this Court, having regard to the nature and extent of the injuries sustained by the claimant, the prolonged period of hospitalization and the pain, suffering and hardship endured by him, the compensation awarded by the Claims Tribunal is grossly inadequate as the award of a meagre sum of Rs. 1,000/- is wholly disproportionate to the injuries 4 proved on record and therefore, warrants interference by this Court. 6. Accordingly, a lumpsum amount of Rs. 80,000/- is granted as compensation in favour of the claimant over and above the compensation awarded by the Claims Tribunal. Hence, the appellants/claimants are held entitled for an additional compensation of Rs. 80,000/-. Respondent No. 2 is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 09/07/2015 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet