AMIT LAHRE vs SUJEET KUMAR RANA

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CGHC010209222026 2026:CGHC:45875

HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1289 of 2026
Amit Lahre S/o Maniram Lahre Aged About 19 Years Resident of Village-
Saliha Police Station - Saliha District- Balodabazar-Bhatapara (C.G.)
... Appellant
versus
1 - Sujeet Kumar Rana S/o Mathur Badhai (Rana) Aged About 24 Years
Resident of House No.978, Ward No.14 Pump House Jhopdi Para, Korba
District- Korba (C.G.) (Driver of Vehicle CG/12-A U 2493).
2 - Dilip Rana S/o Mathur Rana Aged About 42 Years Resident Of House
No.978, Ward No.14 Pump House Jhopdi Para Korba District- Korba (C.G.)
(Owner of Vehicle CG/12 AU 2493).
3 - The New India Insurance Company Ltd Branch Office Ambedkar Chowk,
Raipur Road Balodabazar, District- Balodabazar, Bhatapara (C.G.) (Insurer
Of Vehicle CG 12/ AU -493) ... Respondents
For the appellant : Mr. Palash Agrawal, Advocate
For respondent no.3 : Mr. Raj Awasthi, Advocate
Hon’ble Shri Justice Sanjay Kumar Jaiswal)
Order on Board
29.10.2026
1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short
“MV Act”) has been filed by the claimant (injured) seeking enhancement of
compensation, challenging the impugned award dated 07.03.2026 passed
by the learned Second Additional Motor Accident Claims Tribunal
Sarangarh, District Sarangarh-Bilaigarh Chhattisgarh in Claim Case
No.51/2023 whereby a total compensation of Rs. 32,81,873/- has been
awarded for the damages caused to the appellant.

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2 . Brief facts of the case as pleaded in the claim application are that on
27.08.2022 at about 12.00 noon, the applicant Amit Lahre along with his
friend Devkumar Bariha was returning home from Saliha Dam on
Motorcycle. On the way, when they reached near a liquor shop situated on
the main Road at Saliha, respondent no.1 driving the offending Truck
bearing Regn No. G-12-AU/2493 in rash and negligent manner dashed
against their motorcycle, due to which, both sustained grievous injuries
and Devkumar Bariha died on the spot while the applicant suffered
permanent disability to the extent of 80%. He filed a claim petition seeking
a total compensation of Rs. 38,50,000/- on different heads.
3. The Tribunal after evaluating the facts and evidence placed on
record, has granted a total compensation of Rs.32,81,873/- on various
heads as per the following table:
01. Treatment expenses Rs. 6,60,000/-
02. Attendant/Assistant charges 30,000/-
03. Nutritious food 30,000/-
04. Transport charges 25,000/-
05. Loss of earning 38,000/-
06. Loss of future earning 22,98,240/-
07. Physical pain and mental agony 50,000/-
08. Loss of amenities in life
50,000/-

09. Loss of marriage prospects 1,00,000/-
Total Rs. 32,81,873/-
4. Learned counsel for the appellant confines his argument only to the
extent that the doctor found 80% permanent disability and no amount has
been granted towards future medical expenses. He submits that due to the
accident the appellant sustained a critical head injury with a severed brain
nerve, resulting in paraplegia, and he is unable to move and walk and still
he is required to continue his treatment. Therefore, the award may suitably
be enhanced by granting compensation for “future medical expenses”.

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5. Learned counsel for respondent no.3/Insurer submits that the award
passed by the Tribunal is more adequate which needs no further
interference.
6. I have heard learned counsel for the parties, considered their rival
submissions and perused the record with utmost circumspection.
7. Dr. Wasim Raja has been examined as A.W.2. This witness has
stated that on examination of appellant who appeared before the Medical
Board, he found that appellant sustained a head injury with paraplegia, his
permanent disability was 80% and they issued a permanent disability
certificate (Ex.P-430) which bears his signature as a member of District
Medical Board at portion A to A and B to B. The doctor also found that
the patient had undergone surgery and had brought the complete record,
based on which, he had conducted the examination and gave the report.
In his cross-examination, the Doctor has further stated that at the time of
his examination, the appellant was unable to move and walk. As the head
injury related to nerves, a detailed description of the injury was not given.
8. Appellant (A.W.1) has stated in his evidence that in the said accident
he had suffered serious injuries on his shoulder and head, brain nerve was
severed, due to which, he was unable to use his right hand and had
difficulty in speaking and also suffered leg injury. He was treated at
Mahadev Hospital and Neurosurgeon C.G. Shah Hospital, Bilaspur and he
was in coma for 4 months and after the accident he is undergoing
treatment in Jammu under the supervision of Neurosurgeon Dr. Sushil
Rajdan and he has been facing difficulty in performing his daily routine
works due to the disability. He has produced documents vide Ex.P-24 to
Ex.P-431 regarding treatment and permanent disability.
9. Based on medical documents submitted by the appellant, the
Tribunal has also recorded the fact at para 25 of the award that soon after
the accident, the appellant was taken for treatment at CHC Bilaigarh on

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27.8.2022 from where he was referred and shifted to Mahadev Super
Speciality Hospital Bilaspur where he was admitted from 27.08.2022 to
06.09.2022 and thereafter he was shifted to Shah Neuro Hsopital Bilaspur
where he was admitted from 06.09.2022 to 21.10.2022 and the appellant
also got treatment at Government Medical College Jammu and Arogya
Dham Ayurvedic Clinic.
10. In view of the evidence of Doctor (A.W.2) who proved the permanent
disability certificate vide Ex.P-430 issued by the Medical Board and the
nature of injury as also considering the voluminous medical documents
submitted by the appellant regarding his treatment and the physical
difficulties being faced by him, it cannot be said that no future treatment is
required. Since no amount has been granted by the Tribunal under this
specific head, it would be appropriate to grant Rs.50,000/- under this
specific head in addition to Rs.32,81,873/- granted by the Tribunal on
different heads.
11. Accordingly, the appellant is held entitled for an additional sum of
Rs.50,000/- for future treatment expenses due to his 80% permanent
neuro-disability and severe physical limitations. The additional amount of
compensation shall carry interest @ 6% per annum from the date of filing
claim application before the Tribunal till its realization. Rest of the
conditions of the impugned award shall remain intact.
12. Accordingly, this appeal is allowed in part and the impugned award
is modified to the extent as indicated hereinabove.
Sd/-
Sanjay Kumar Jaiswal
Judge
Rao
Digitally
signed by
ALLENA
ANNAJEE
RAO
Date:
2026.11.02
12:12:15
+0530
ALLENA
ANNAJEE
RAO

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