-1- 2026:CGHC:12110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1273 of 2022 1 - Ku. Rajani Korram D/o Churaman Korram Aged About 22 Years R/o Village Manikpur, Post- Dhangaon, Tahsil Churiya, District : Rajnandgaon, Chhattisgarh ... Appellant versus 1 - Kamal Sen S/o Bulakhi Sen Aged About 28 Years R/o Village Maharumkala, Police Station Khairagarh, District Rajnandgaon (Now District Khairagarh) (Driver Of Truck Bearing No C. G. 07-Zc-4495) 2 - Chatrapal Sahu S/o Ramkhilawan Sahu R/o House No. 2210, Ward No. 18 Housing Board Chavani Bhilai, Tahsil And District Durg, Present R/o House No. 301, Princes Palace, Behind Bjp Offoce, G. E. Road, Rajnandgaon, Tah And District Rajnandgaon (C.G.) (Owner Of Truck Bearing No C. G. 07-Zc-4495), Chhattisgarh 3 - The National Insurance Co. Ltd. Through Branch Managar, Branch Office Kamthi Line, Rajnandgaon (Insurer Of Truck Bearing No C. G. 07-Zc-4495), District : Rajnandgaon, Chhattisgarh ... Respondents For Appellant/Claimant/injured : Mr. Rakesh Kumar Thakur, Advocate For Respondents No.3 : Mr. Praveen Kumar Tulsyan, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.03.2026 1) Heard. 2) The appellant/claimant has filed this appeal for enhancement of compensation challenging the award passed by the learned Motor Accidents Claims Tribunal, Rajnandgaon, District Rajnandgaon (C.G.) in Claim Case No.66/2015 dated 23.03.2019, whereby, the learned -2- Tribunal has granted compensation to the tune of Rs.15,000/- with interest @ 6% per annum on account of injuries sustained by the claimant. 3) The facts in brief are that on 18.10.2024 while the claimant was returning home from school, offending truck bearing registration No.C.G.07-ZC/4495 dashed her, resultantly, she fell down from her cycle and sustained injuries. 4) The claimant filed a claim case under Section 166 of the Motor Vehicles Act wherein, she pleaded that at the time of accident, her age was 15 years and she was a student. She claimed a sum of Rs.3,75,000/-. The Insurance Company filed reply and took plea that the driver of the offending vehicle did not have valid driving licence and there was breach of conditions of the insurance policy. The learned Tribunal framed issues; the parties led evidence and thereafter award was passed. 5) Mr. Thakur, Advocate would submit that the claimant sustained serious crush injuries and steel rods were inserted in her right leg. He would further submit that the learned Tribunal has discarded the medical documents and awarded meager sum against pain and suffering; special diet; loss of studies and transportation. He would pray to enhance the compensation accordingly. 6) On the other hand, Mr. Tulsyan, learned counsel appearing for Insurance Company would oppose the submissions made by Mr. Thakur. He would -3- submit that the claimant did not suffer any fracture or bony injury in the accident. He would contend that the claimant failed to examine the treating doctor. Mr. Tulsyan would submit that the learned Tribunal has granted just and proper compensation on conventional heads and appeal deserves to be dismissed. 7) I have heard the learned counsel appearing for the parties and perused the record with utmost circumspection. 8) The claimant met with an accident on 18.10.2014 and FIR was lodged vide Ex.P/2 on the same day against the driver of the offending vehicle. The offending truck was seized by police on 20.10.2014 vide Ex.P/4. The claimant was medically examined and Medical Officer noticed lacerated wound over right knee, abrasion over right elbow, swelling over the upper lip, abrasion and swelling over middle part of the head vide Ex.P/5. 9) The claimant was taken to the Government District Hospital, Rajnandgaon (C.G.). The claimant has placed on record a disability certificate vide Ex.P/14 which shows that she suffered permanent disability to the extent of 40% but the member of the Medical Board, who authored the document has not been examined. 10) The father of the claimant was examined as AW1, who stated that the claimant remained hospitalized for a period of one month and she was being treated by private doctor. -4- 11) In absence of the documentary evidence, learned Tribunal rightly recorded a finding that the claimant did not suffer any fracture or bony injury. The claimant further failed to place on record medical bills incurred in the treatment. The member of the Medical Board who issued a disability certificate was also not examined and therefore, the learned Tribunal rightly ignored the said certificate. 12) The father of the claimant categorically deposed that the claimant remained hospitalized for a period of one month, therefore, in my opinion, the claimant is entitled to receive a sum of Rs.10,000/- for loss of earning for a period of one month. On other heads, learned Tribunal has granted meager amount which require reconsideration. 13) The learned Tribunal granted a sum of Rs.10,000/- for pain and suffering and special diet. Taking into consideration injuries sustained by appellant, this figure is enhanced to Rs.20,000/-, likewise, sum of Rs.3,000/- granted by the learned Tribunal for loss of studies is enhanced to Rs.10,000/- and transportation charges is enhanced from Rs.2,000/- to Rs.5,000/-, thus, the claimant is entitled to receive an additional sum of Rs.30,000/-, in addition to the compensation already awarded by the learned Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of application till the date of its realization. The rest of the terms and conditions of award shall remain intact. -5- 14) Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Rekha