1 2026:CGHC:14365 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1263 of 2022 Mahatma Khande S/o Mahadev Khande, aged about 29 years Caste - Satnami, R/o Sanjay Nagar, Jaijaipur, Police Station and Tahsil - Jaijaipur, District - Janjgir - Champa Chhattisgarh .. Appellant/claimant versus 1. Kamal Kumar Sahu S/o Khemlal Sahu, aged about 33 years R/o Mandir Chowk Hasaud, Shriram Nagar, Rawanbhatha, Raipur, Police Station - Mandir Hasaud, District- Raipur Chhattisgarh (Vehicle Driver) 2. Attar Chand Kesharwani, S/o Late Bodharam Kesharwani, aged about 74 years R/o Priprietor- Dilip Roadways, Kutchari Chowk, Raipur, Tahsil And District - Raipur Chhattisgarh (Vehicle Owner) 3. The Branch Manager, The New India Insurance Company Limited, Branch Office - Sada Complex, Transport Nagar, Korba, District - Korba Chhattisgarh (Insurance Company) ... Respondents For appellant : Shri Aditya Khare, Advocate For Respondent No.3 : Shri Shivendu Pandya, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board dated 25 /03/2026 This appeal arises out of the award dated 23.09.2022 passed by Additional Motor Accident Claims Tribunal (for short the "Tribunal") Janjgir Champa, District Janjgir Champa in Claim Case No. 60/2021 awarding a compensation of Rs. 74,600/- in favour of the appellant/claimant. 2 2. Facts of the case in brief are that on 03.10.2017 when appellant/claimant was returning from village Odekera to Jaijaipur on his motorcycle, the offending vehicle – truck bearing registration No. CG-04-LC 0335 driven by respondent No.1 rashly and negligently came and hit the motorcycle, as a result of which he suffered multiple grievous injuries on his right hand which became disabled. The appellant/claimant is said to have been working as Peon in Shahid Veer Narayan Government Collegbe, Jobe Barri and used to get salary of Rs. 15,600/- 3. With aforesaid facts, a claim petition was filed by the appellant/claimant praying for compensation of Rs. 28,27,694.40 on various heads. Pleadings of the claimant have, however, been denied by the respondents. 4. After evaluating the evidence available on record, the Tribunal awarded Rs. 74,600/- to the appellant/claimant as compensation as a whole and it is this award which is under challenge in this appeal. 5. Counsel for the appellant/claimant submits that the compensation awarded is on the lower side and therefore deserves to be enhanced. He submits that learned Tribunal committed an error in holding that the appellant/claimant did not suffer disablement. He further submits that learned Tribunal has failed to appreciate that the appellant/claimant produced disability certificate issued by the concerned doctor in its proper perspective. Learned Tribunal is also argued to have failed to appreciate that the appellant/claimant’s right is not functioning for which he is not able to perform any work from that hand. 6. Learned counsel for the respondent No.3 has supported the award impugned and submitted that the accident occurred on account of the negligence of the rider of the motorcycle himself and therefore the claimant is not entitled for any enhancement in the awarded sum. 7. Heard counsel for the respondent and perused the documents on record. 8. Having thus heard counsel for the parties and seen the evidence on record including the award, it is apparent that while assessing the loss of income on 3 account of injuries suffered by the appellant/claimant, the evidence led to this effect has not been appreciated in its proper perspective. Being this, the matter is remanded to the Tribunal for being decided afresh after duly weighing the evidence adduced by the parties in respect of the loss of income. Let it be done expeditiously. Impugned award thus stands set aside. 9. Appeal allowed. Sd/- (Sachin Singh Rajput) Judge Jyotishi AVANISH JYOTISHI Digitally signed by AVANISH JYOTISHI Date: 2026.04.06 17:23:13 +0530