ANAND SHRIWAS vs DEVIDAS

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CGHC010053932024 2026:CGHC:46176
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 334 of 2024
1 - Anand Shriwas S/o Vijay Shriwas Aged About 24 Years R/o
Village Urtum, Police Station Sarkanda, District Bilaspur (C.G.)
(Applicant)
... Appellant
versus
1 - Devidas S/o Santosh Das Aged About 62 Years R/o Ward No.
07, Mandir Chowk, Jarhabhatha, Police Station Civil Line,
District Bilaspur (C.G.) (Driver Of The Vehicle Bolero No. C.G.
10-Y-0807)
2 - Prabhulal Mahra R/o Village Vindhyasar, Post Bahtarai,
Tahsil Takhatpur, District Bilaspur (C.G.) (Owner Of The Vehicle
Bolero No. C.G. 10-Y-0807)
3 - Cholamandalam M.S. General Insurance Company Limited
Through Branch Manager, Branch Office - Vyapar Vihar Main
Road, Near Of Vinayak Netralay, Bilaspur, District Bilaspur
(C.G.) (Insurer Of The Vehicle Bolero No. C.G. 10-Y-0807)
... Respondents

For Appellant : Mr. Anand Kesharwani, Advocate
For Respondents : None
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order On Board
Digitally signed
by HEERA LAL
SAHU
Date:
2026.11.02
17:15:10
+0530

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02/11/2026
1. Heard on I.A. No.01/2024, for condonation of delay in filing
the appeal.
2. It is a claimant’s appeal seeking enhancement of the
compensation awarded by the Tribunal.
3.
Upon due consideration, I.A. No. 01/2024 is allowed and the
delay of 45 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 appellant assailing the award dated 29.09.2023
nd
passed by the 2 Additional Motor Accident Claims Tribunal,
District Bilaspur (CG) in Motor Accident Claim Case No.
1109/2021, whereby a total compensation of 2,47,493/-
₹
has been awarded for the injuries sustained by the appellant
in a road accident that occurred on 04.05.2020.
6. Learned Tribunal, after appreciating the oral and
documentary evidence brought on record, assessed the
compensation as under:
S.N. Head Calculation
1 Towards grievous injuries 1,81,313/-
2 Towards loss of income 24,180/-
Towards physical and
3 25,000/-
mental agony
4 Towards transport expenses 5,000/-
5 Towards Nutritious Diet 7,000/-
6 Towards Attendant 5,000/-
Total Awarded Amount Rs.2,47,493/-

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7.
Learned counsel for the appellant submits that the Tribunal
has erred in not accepting the appellant's claim that he was
earning 20,000/- per month from his gents parlour. It is
₹
further contended that the appellant suffered a fracture on
his mandibular cortical bone for which he underwent
surgery, 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. There is no representation on behalf of the respondents.
9.
Heard learned counsel for the appellant and perused the
record.
10. The claimed monthly salary of 20,000 has been
₹
disbelieved. It is noteworthy that the injured appellant has
been stated to be running a gents parlour; however, no
documents has been brought on record. 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
₹ 8,060 per month.
11. So far as the compensation awarded on other heads is
concerned, the Tribunal, upon appreciation of the evidence
on record, has found that the appellant sustained a

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fracture to his right mandibular cortical bone, but he has
not produced any documents or a medical certificate
establishing any permanent disability. As evidenced by Ex.
P-8 to Ex. P-26, the appellant was admitted to Shri Ram
Care Hospital, Bilaspur (C.G.), from 04.05.2020 to
10.05.2020, i.e., about 06 days, during which he
underwent treatment for his accident-related injuries and
surgery on his right mandibular cortical bone. The
appellant produced medical bills totalling Rs. 1,81,383/-
(Ex. P-8 to Ex. P-26), which were duly considered by the
Claims Tribunal.
12. In view of the aforesaid facts and upon a careful
examination of the evidence on record, and further
considering the overall injuries, the period of
hospitalisation (6 days), no permanent disability 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