RAVINDRA BASHANI vs SUNIL KUMAR RAIDAS

1
Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date:
2026.11.02
17:30:37 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010181942024 2026:CGHC:46220
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1239 of 2024
Ravindra Bashani S/o Gopichand Aged About 39 Years Purana Bus
Stand Pendra, P.S. And Tahsil Pendra, District : Gaurela-Pendra-
Marwahi, Chhattisgarh
... Appellant
versus
1 - Sunil Kumar Raidas S/o Shankar Prasad Raidas Aged About 25
Years R/o Village Kharpa, Byohari, District : Shahdol, Madhya
Pradesh
2 - Raghunath S/o P.D. Agrawal Aged About 28 Years R/o Banjari
Mandir, T.P. Nagar, Rawabhatha, Raipur, District : Raipur,
Chhattisgarh
3 - The Oriental Insurance Company Limited Branch Office, Bilaspur,
District : Bilaspur, Chhattisgarh
--- Respondent(s)
For Appellant : Mr. F.S. Khare, Advocate
For Respondent No. 3 : Mr. Pravin Kumar Tulsyan, Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(02.11.2026)
1. This appeal under Section 173 of the Motor Vehicles Act,
1988 (for short the "Act of 1988") has been preferred by the
appellant/claimant seeking enhancement of the amount of
compensation, challenging the impugned award dated
12.02.2024, passed in Claim Case No.32/2021, whereby
the learned Claims Tribunal has awarded a total sum of
Rs.1,41,855/- to the appellant for the injuries sustained by
him in a road accident which took place on 25.01.2020.
2. Learned counsel for the injured/appellant would submit
that the learned Claims Tribunal has erred in awarding a
lesser amount of compensation. In the said accident, the
injured/appellant sustained fracture on his left hand. The
Tribunal has not granted any amount towards loss of
income during treatment. He further submits that no
amount has been awarded under the head of future
treatment. Hence, the compensation awarded by the Claims
Tribunal may suitably be enhanced.
3.
Learned counsel for the respondent No. 3 / Insurance
Company would submit that the Claims Tribunal, after
appreciating the oral and documentary evidence available
on record, has rightly awarded the compensation amount.
The impugned award is just and proper and requires no
interference.
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. On perusal of the record, it appears that due to the said
accident, the appellant/claimant sustained a fracture on

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his left hand. The fracture would certainly be a reason for
loss of income to some extent during treatment. The
Tribunal has not awarded any amount under this head.
Hence, Rs. 30,000/- is held to be just and proper to be
awarded to him under the head of loss of income during
treatment. Furthermore, no amount has been awarded by
the Tribunal under the head of future treatment. As the
appellant sustained a fracture and would have to visit the
doctors time and again, therefore, Rs. 15,000/- is held to be
just and proper to be awarded under this head.
6. The injured/appellant is a resident of Pendra and was
treated at Apollo Hospital, Bilaspur. He has incurred
substantial expenditure on treatment. Considering the
same, under the head of medical bills/treatment, the
Claims Tribunal has awarded Rs. 1,37,855/-, which is
enhanced to Rs. 1,40,000/-, since there are certain bills
which could not be preserved. Under the head of
transportation, Rs. 1,000/- has been awarded, which is
enhanced to Rs. 20,000/-. Under the head of special diet,
Rs. 1,000/- has been awarded, which is enhanced to Rs.
10,000/-. Under the head of pain and suffering, Rs.
2,000/- has been awarded, which is enhanced to Rs.
25,000/-.
7. Thus, in light of the aforesaid discussion, this Court is
computing the compensation as below:-
Sr.
Heads Compensati
Compensation
No.
on awarded
awarded by this
by the
Court
Tribunal
1. Medical Rs. Rs.1,40,000/-

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Bills/Treatment 1,37,855/-
2. Transportation Rs. 1,000/- Rs.20,000/-
3. Special Diet Rs.1,000/- Rs.10,000/-
4. Pain and suffering Rs. 2,000/- Rs.25,000/-
5. Loss of income
NA Rs. 30,000/-
during treatment
6. Future treatment NA Rs.15,000/-
Rs.
Total 1,41,855
Rs. /-
2,40,000
/-
8. In view of the aforesaid analysis, the amount of
compensation of Rs.1,41,855/- awarded by the Claims
Tribunal is enhanced to Rs.2,40,000/-. Hence, after
deducting the amount of Rs.1,41,855/-, the appellant is
held entitled for an additional amount of Rs. 98,145 /-. The
additional amount of compensation shall carry interest @
6% per annum from filing of the claim application before
the Claims Tribunal till its realization. Rest of the
conditions of the impugned award shall remain intact.
9. In the result, the appeal is partly allowed and the
impugned award is modified to the extent as indicated
herein-above.
10. The Registry is directed to communicate the claimant in
writing “the enhanced amount” in this appeal as against
the award made by the concerned Tribunal. The said
communication be made in Hindi Deonagri language and
the help of paralegal workers may be availed with a co-
ordination of Secretary, Legal Aid of the concerned area
wherein the claimant resides.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
-Shubham