1 2026:CGHC:565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 671 of 2021 Shridhar Keshri S/o Nandkishore Keshri, Aged About 32 Years R/o. Near Kumkum Hotel, Bramharoad Nagar, Police Station And Tahsil Ambikapur District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Appellant versus 1 - Valmiki Yadav S/o Dhanushdev Yadav, Aged About 27 Years R/o Village Gheddega, Police Station Bagicha, District Jashpur Chhattisgarh.............Owner And Driver of Vehicle No. C.G.15/CC/3938. 2 - Oriental Insurance Company Through Branch Manager, Manendragarh Road, Ambikapur, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Appellant : Mr. Anurag Singh, Advocate For Respondent No.1 : None though served. For Respondent No.2 : Mr. Raj Awasthi, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 06/01/2026 1. The appellant/claimant has filed the present appeal for enhancement of compensation assailing the award dated 27.02.2021 passed by the learned II nd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja, in Claim Case No. 173 of 2018, whereby the learned Digitally signed by NADIM MOHLE 2 Tribunal has granted compensation to the tune of 1,58,500/- along ₹ with interest at the rate of 9% per annum on account of the injuries sustained by the claimant. 2. Learned counsel appearing for the appellant would submit that on 02.03.2018, at about 3:00 PM, the claimant was going home on his tri- cycle at the same time, the rider of a motorcycle bearing registration No. CG-15-CC-3938, by driving the same rashly and negligently, dashed him from behind, as a result, the claimant sustained serious injuries over various parts of his body. He would further argue that the claimant submitted medical bills to the tune of 3,00,000/-, however, ₹ the Tribunal granted only a sum of 1,00,000/-. He would further ₹ submit that the learned Tribunal awarded 20,000/- towards loss of ₹ earning for four months, ₹13,500/- towards attendant charges, 10,000/- towards pain and suffering, and 15,000/- towards ₹ ₹ transportation and special diet. He would contend that the claimant is a physically challenged person and the learned Tribunal has awarded compensation on the lower side; thus, he prayed for enhancement of compensation. 3. On the other hand, learned counsel appearing for the respondent No.2 would oppose the submissions made by learned counsel for the appellant/claimant. He would further argue that the claimant failed to examine the treating doctor to prove the seriousness of the injuries sustained by the claimant. Further, the medical bills were not signed by the owners of the medical shops and, therefore, those bills were rightly not taken into consideration by the learned Tribunal. He would contend that the learned Tribunal has granted just and proper compensation under various heads and the appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 5. Admittedly, the claimant was a physically challenged person on the date of the accident. His tricycle was hit and he sustained injuries. The 3 claimant filed a claim case and submitted medical bills to the tune of ₹3,00,000/-, however, the learned Tribunal granted compensation of ₹1,00,000/- towards medical expenses on the ground that most of the medical bills were not signed by the owners of the medical shops. The finding recorded by the learned Tribunal in this regard appears to be proper. The learned Tribunal has awarded appropriate amounts towards transportation and special diet. 6. The learned Tribunal has fastened liability upon the owner of the offending vehicle as on the date of the accident, the offending vehicle was not insured with any insurance company; thus, the findings recorded by the learned Tribunal in this regard are hereby affirmed. 7. Further, the learned Tribunal has granted compensation of 20,000/- ₹ towards loss of earning for four months, which appears to be on the lower side. The minimum wage admissible to an unskilled person in the month of March 2018 was 8,450/- per month and the learned Tribunal ₹ ought to have taken that figure while computing the loss of income. 8. The learned Tribunal has awarded a sum of 10,000/- towards pain and ₹ suffering, which requires reconsideration, particularly in view of the fact that the claimant is a physically challenged person, the said amount is enhanced from 10,000/- to 50,000/-. Accordingly, the compensation ₹ ₹ is revisited as under:— Heads Compensation awarded by the learned Tribunal Compensation awarded by the learned Tribunal Final compensation Loss of income for four months Rs. 5,000x 4 = 20,000/- Rs.8,450 x 4 = 33,800 /- Rs.13,800/- Pain and Rs. 10,000 Rs. 50,000/- Rs. 40,000/- 4 suffering Total Rs.53,800/- 9. In view of the above calculation, the claimant shall be entitled to an additional sum of ₹53,800/-. The insurance company is directed to pay the enhanced compensation ₹53,800/- with interest @ 9% per annum to the appellant/claimant within a period of 60 days. Rest of the terms and conditions of the award shall remain intact. 10.Accordingly, the appeal filed by the claimant is allowed in part to the extent indicated hereinabove. Sd/- Rakesh Mohan Pandey JUDGE NADIM