[Cites 1, Cited by 0]
Chattisgarh High Court
Gayatri Gupta vs Ashwani Kumar Bais on 21 April, 2026
1
MAC No. 1915 of 2019
2026:CGHC:18034
Digitally NAFR
ANKIT signed
KUMAR by
HIGH COURT OF CHHATTISGARH AT BILASPUR
ANKIT
SINGH KUMAR
SINGH
MAC No. 1915 of 2019
Gayatri Gupta W/o Janki Prasad Gupta, Aged About 33 Years, R/o LIG
- 788, Housing Board Colony, Sector - 5, Saddu, Raipur, Police Station
- Vidhansabha, District - Raipur Chhattisgarh.
... Appellant
versus
1. Ashwani Kumar Bais S/o Vijayshankar Bais, Aged About 27 Years, R/o
Village - Saman, Police Station - Bansagar, District - Shahdol (M. P.) At
Present Kabirnagar 6-3, Commercial Complex, Police Station -
Kabirnagar, District - Raipur Chhattisgarh. (Driver Of Highwa Truck No.
C.G.-04-JC-7190).
2. Jay Mata Dee Construction, Address 6-3, Commercial Complex,
Kabirnagar, Police Station - Kabirnagar, District Raipur Chhattisgarh.
(Owner Of Highwa Truck No. C.G.-04-JC-7190).
3. H.D.F.C. Argo General Insurance Company Limited, Through The
Branch Manager, Branch Office - Third Floor, Chanwla Complex, Sai
Nagar Raipur C.G. (Not Mentioned In Impugned Order) (Insurer Of
Highwa Truck No. C.G. - 04-JC -7190).
... Respondents
For Appellant :- Ms. Deeksha Jaiswal, Advocate, appears on
behalf of Mr. Goutam Khetrapal, Advocate.
For Respondent No.3 :- Mr. Ashish Pandey, Advocate, appears on
behalf of Mr. N.K. Thakur, Advocate.
SB- Hon'ble Shri Justice Sanjay K. Agrawal
Judgment On Board
21.04.2026
1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short "Act of 1988") has been preferred by the injured claimant
seeking enhancement in the compensation amount awarded by the
8th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh
(for short "Claims Tribunal") in Claim Case No.626/2017, vide
impugned award dated 15.05.2019, whereby the Claims Tribunal
allowed the injured/claimant's application and awarded
compensation amount along with interest.
2. Ms. Deeksha Jaiswal, learned counsel for the appellant/injured
claimant, would submit that the learned Claims Tribunal has erred in
awarding less amount of compensation in the facts of the present
cases. She would also submit that income during treatment has not
been assessed by the Claims Tribunal which is liable to be assessed.
Furthermore, under the heads of future treatment, pain, suffering,
special diet and attendant less amount has been awarded by the
Claims Tribunal which is liable to be enhanced and under the head of
transportation amount has not been awarded which is liable to be
awarded. As such, the appeal of the injured claimant is liable to be
allowed and the compensation amount may suitably be enhanced.
3. Mr. Ashish Pandey, learned counsel for respondent No.3/insurance
company, would oppose the prayer made by learned counsel for the
appellant and submit that the Claims Tribunal has awarded just and
proper compensation to the claimants herein which does not call for
interference.
4. I have heard learned counsel for the parties, considered their rival
submissions made herein above and gone through the records
precisely.
5. Learned Claims Tribunal has admitted that the injured claimant was
the Shiksha Karmi and her monthly income was ₹18,000/- at that
time, but did not assessed the income of the injured claimant during
the period of treatment. However, in opinion of this Court the
income of the appellant during treatment i.e. for 9 months should be
1,62,000/- (9 x ₹18,000/-) is liable to be added. Furthermore under
the heads of future treatment, pain, suffering, special diet and
attendant the amount is liable to be enhanced and under the head of
transportation the amount is liable to be awarded.
6. Thus, in light of the aforesaid discussion claimant will be entitled for
the following compensation as computed by this Court:-
Sr. Heads Compensation Compensation
No. awarded by the awarded by this Court
Tribunal
1. Loss of income NIL 9x ₹18,000 =
during treatment (9 ₹1,62,000/-
months)
2. Medical Expenses ₹4,16,391/- ₹4,16,391/-
3. Future treatment ₹10,000/- ₹50,000/-
4. Pain and suffering, ₹70,000/- ₹1,00,000/-
special diet and
attendant
5. Loss of living normal ₹30,000/- ₹50,000/-
life
6. Transportation NIL ₹30,000/-
7. Total ₹5,26,391/- ₹8,08,391/-
7. In view of the aforesaid analysis, the amount of compensation of
₹5,26,391/- awarded by the Claims Tribunal is enhanced to
₹8,08,391/-. Hence, after deducting the amount of ₹5,26,391/-, the
appellant/injured claimant is held to be entitled to an additional
amount of ₹2,82,000/-. The concerned respondent is directed to
deposit the amount of compensation as enhanced by this Court
within a period of three months 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 till its realization. Rest of the conditions of the
impugned awards shall remain intact.
8.Accordingly, this appeal is allowed in part and the impugned award is
modified to the extent as indicated herein-above.
Sd/-
(Sanjay K. Agrawal)
Judge
Ankit
