Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:16689
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1196 of 2020 1 - Pranav Dhali S/o Sanjeev Dhali, Aged About 39 Years R/o Subhashnagar Bhagwanpur Post Raghavpuri P.S. Gandhinagar District Surguja Chhattisgarh................Claimant,
... Appellant (s) versus 1 - Arvind Yadav S/o Jagdish Yadav Aged About 29 Years R/o Village Vataunga P.S. Bagicha District Jashpur (Chhattisgarh) Present Address Subhashnagar Bhagwanpur Post Raghavpuri P.S. Gandhinagar District Surguja Chhattisgarh...............Driver, District : Surguja (Ambikapur), Chhattisgarh 2 - Smt. Kushum Garg W/o Kishan Lal Garg Aged About 40 Years R/o Village Karji P.S. Darima District Surguja (Chhattisgarh)............Owner, District
:
Surguja
(Ambikapur),
Chhattisgarh 3 - Divisional Manager, The Oriental Insurance Company Ltd Division Office Near Ambedkar Chowk Manendragarh Road- Ambikapur District Surguja Chhattisgarh...............Insurer, District : Surguja (Ambikapur), Chhattisgarh
... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.10 18:27:41 +0530
2 For Appellant (s) : Ms. Aakanksha Vishwakarma appears on behalf of Mr. AN Pandey, Advocate. For Respondent No.2 : Mr. Nishi Kant Sinha, Advocate. For Respondent No.3 : Ms. Swati Agrawal appears on behalf of Mr. Pankaj Agrawal, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal
Order On Board 10/04/2026
1. The appellant/claimant has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 4.3.2020 passed by the 5th Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (for short ‘the Claims Tribunal’) in Claim Case No.112/2019 by which liability to pay compensation of Rs.4,89,000/- has been fastened on the Insurance Company. In the present Appeal, the appellant/claimant has prayed for enhancement of the compensation amount.
2. Miss Aakanksha Vishwakarma, learned counsel for the appellant/claimant would submit that the injured was producing vegetables and was selling the same and on account of injuries suffered by him, the injured is facing loss of income of Rs.60,000/- and therefore, the impugned award may be modified accordingly.
3
3. On the other hand, learned counsel for respondent No.2 & 3 would support the impugned award.
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. Considering the injuries suffered by the claimant and the amount of compensation awarded by the Claims Tribunal, I am of the opinion that ends of justice would be served if Rs.50,000/- is additionally awarded to the appellant/claimant.
6. Accordingly, it is directed that the Insurance Company shall pay an amount of Rs.50,000/- to the appellant/claimant, which is in addition to the sum already awarded by the Claims Tribunal. The Insurance Company is directed to deposit the said amount within a period of 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
7. With the aforesaid modifications, the Appeal is disposed of.
Sd/- (Sanjay K. Agrawal) Judge Barve