Dilharan Parkar v. Mewalal

CGHC010009412019

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 93 of 2019 Dilharan Parkar S/o Ramlal Suryavanshi Aged About 55 Years R/o Village Raank, Tahsil-Masturi, District-Bilaspur, Chhattisgrah.........(Claimant), District : Bilaspur, Chhattisgarh

... Appellant versus 1 - Mewalal S/o Shri Latelu Aged About 18 Years R/o Village Raank, Tahsil-Masturi, District-Bilaspur, Chhattisgarh.......(Driver), District : Bilaspur, Chhattisgarh 2 - Pramod Kumar Tandon S/o Shri Ramkumar Tandon Aged About 38 Years R/o Village Raank, Tahsil-Masturi, Disrtict-Bilaspur, Chhattisgarh....... (Owner), Office Address-Manav Sansadhan Vibhag, N.T.P.C. Seepat, District-Bilaspur, Chhattisgarh.........(Non-Applicants), District : Bilaspur, Chhattisgarh

... Respondents For appellant : Mr. Bhaskar Jha, Adv. For Respondents : Mr. Pranay Gupta, Adv. on behalf of Mr. Amit Kumar, Adv. (HON'BLE MR. SANTOSH SHARMA, J.) ORAL JUDGMENT 9-10-2026

¶1This is claimant's appeal seeking enhancement of compensation awarded by    3rd Additional Motor Accident Claims Tribunal, Bilaspur (for short "the Tribunal") in Claim Case No. 344/2016 vide award dated 30-10-2018.

¶2As against the compensation of Rs. 30,55,000/- claimed by the appellant/claimant, by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short "the Act") for the injuries sustained by him in the motor accident on 24-5-2015, the Tribunal awarded a total sum of Rs. 99,768/- along with interest @ 6% per annum from the date of application till it is actually paid.

¶3The Tribunal on a close scrutiny of the evidence   led, held that the accident had occurred due to rash and negligent driving of motorcycle – Hero Passion bearing registration No. CG 10 EF/ 0693 by its driver i.e. respondent No.1; the appellant sustained grievous injuries in the said accident, respondent No. 1 and 2 liable for payment of compensation to the claimant; assessed and awarded aforesaid sum as compensation to the claimant/appellant.

¶4Learned counsel for the appellant would submit that although the Doctor who issued the disability certificate has not been examined in this matter, but looking to the fact that the appellant sustained grievous injuries, the amount awarded is shockingly on lower side, which needs to be suitably enhanced.

¶5On the other hand, learned counsel for the respondents submits that, the compensation has not been awarded on lower side and hence, the appeal is liable to be dismissed.

¶6I have heard learned counsel for the appellant and have perused the record of the Tribunal including the award impugned.

¶7The learned Tribunal has rightly awarded compensation to the claimant under the following heads: 27,000/- towards loss of income, ₹

12,768/- towards medical expenses, 25,000/- towards mental and ₹ ₹

physical pain and suffering, and 10,000/- towards travel and diet ₹

expenses. In the opinion of this Court, the compensation awarded under these heads is just and reasonable and does not warrant any interference.

¶8In view of the foregoing discussion, the appeal, being devoid of merit, is hereby dismissed.

¶9No order as to cost(s). Sd/- (Santosh Sharma) JUDGE Pathak AVANISH KUMAR PATHAK Date: 2026.10.12 10:42:40 +0530