UMESH KUMAR YADAV vs INDRAMANI

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CGHC010264952025 2026:CGHC:46652
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1354 of 2025
1 - Umesh Kumar Yadav S/o Rupchand Yadav Aged About 29 Years
R/o Village- Ganiyari, Chorbhatti Kala, Tahsil - Takhatpur, Police
Station - Takhatpur, District- Bilaspur (C.G.)
… Appellant
versus
1 - Indramani S/o Ramcharan Urao Aged About 32 Years R/o
Budhar, Kadampara, Police Station - Patna, District- Koriya (C.G.)
Present Address - Ward No. 39, Domanhill Chirmiri, District- Koriya
(C.G.)
2 - Sushila Devi W/o Paras Nath Singh R/o Ward No. 35, Subhash
Colony, Domanhill, Chirmiri, District- Koriya (C.G.)
3 - The New India Insurance Company Limited Through Divisional
Manager, Divisional Office-Rama Trade Centre, 2nd Floor, In Front Of
Rajiv Plaza, Old Bus Stand, Bilaspur (C.G.)
... Respondents
For Appellant : Mr. Akash Shrivastava, Advocate
For Respondents No. 1 & 2 : Mr. Arvind Prasad, Advocate
For Respondent No. 3 : Mr. B.N. Nande, Adv. with Ms. Anajali
Nayak, Adv.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board
04/11/2026
1. Heard on I.A. No.01/2025, for condonation of delay in filing the
Digitally signed
by HEERA LAL
SAHU
Date:
2026.11.04
16:36:52
+0530

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appeal.
2. It is a claimant’s appeal seeking enhancement of the
compensation awarded by the Tribunal.
3. Upon due consideration, I.A. No. 01/2025 is allowed and the
delay of 38 days in filing the appeal stands condoned.
4. Heard on admission.
5. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for
short, "the Act of 1988") has been preferred by the injured
th
appellant assailing the award dated 04.01.2025 passed by the 6
Additional Motor Accident Claims Tribunal, District Bilaspur (CG)
in Motor Accident Claim Case No. 379/2020, whereby a total
compensation of 1,90,000/- has been awarded for the injuries ₹
sustained by the appellant in a road accident that occurred on
07.05.2019.
6. Learned Tribunal, after appreciating the oral and documentary
evidence brought on record, assessed the compensation as
under:
S.N. Heads Awarded Compensation
Towards Treatment and
1 1,00,000/-
medicine expenses
2 Towards loss of income 50,000/-
3 Towards special diet 10,000/-
Towards physical and mental
4 15,000/-
agony
5 Towards transport expenses 5,000/-
6 Towards Attendant 10,000/-
Total Awarded Amount Rs.1,90,000/-
7. Learned counsel for the appellant submits that the Tribunal has
erred in not accepting the appellant's claim that he was earning

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₹ 15,000/- per month from his driving work, Ex.P-33 produced
to this effect. It is further contended that the appellant suffered
a grievous injuries on his head, ear, nose, right leg, both thigh
and other parts of the body, but future treatment expenses has
not been awarded. It is also submitted that inadequate
compensation has been awarded under the other heads.
Accordingly, it is prayed that the impugned award be modified
by suitably enhancing the compensation.
8. On the other hand, learned counsel for the respondents
supported the impugned award.
9. Heard learned counsel for the parties and perused the record.
10. The claimed monthly salary of 15,000 has been disbelieved. It is ₹
noteworthy that the injured appellant has been stated to be
working as a driver and a salary certificate Ex.P-33 has been
produced; however, the person who issued the salary certificate
has not been examined to substantiate his claim. In such
circumstance, the Tribunal has rightly disbelieved the income of
the appellant. Accordingly, the income of the appellant has been
reasonably assessed by the Tribunal at 10,000 per month.
₹
11. So far as compensation awarded on other heads is concerned,
the Tribunal, upon appreciation of the evidence on record, has
found that the appellant has not produced any admission or
discharge ticket from the hospital, nor has he produced any
documents or a medical certificate establishing any permanent
disability. Furthermore, although the appellant has produced
medical bills, i.e., Ex.P-5 to Ex. P-32, totalling Rs. 1,13,474/-,

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no prescriptions have been produced with regard to Ex.P-9 to P-
14 and Ex. P-29; therefore, the Tribunal has awarded a lump
sum amount of Rs. 1,00,000/- for medical expenses and Rs.
50,000/- has been awarded towards loss of income during
treatment for five months.
12. In view of the aforesaid facts and upon a careful examination of
the evidence on record, and further considering the overall
injuries, no permanent disability, no fracture and the medical
expenses, this Court finds the impugned award just and proper
and not warranting any further enhancement.
13. Consequently, the appeal, being devoid of merit, is dismissed at
motion stage.
Sd/-
( Sanjay Kumar Jaiswal)
JUDGE
H.L. Sahu