SHYAMLAL NAYAK ALIAS SAMLAL HALBA vs VINAY BHOJWANI ALIAS BINU

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Digitally signed
by SHUBHAM
SINGH
RAGHUVANSHI
Date:
2026.11.05
15:54:19 +0530
SHUBHAM
SINGH
RAGHUVANSHI

CGHC010330822025 2026:CGHC:46931
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1663 of 2025
Shyamlal Nayak Alias Samlal Halba S/o Shri Bharat Nayak, Aged
About 51 Years R/o Padargan, District Navrangpur Odisha.(Claimant)
... Appellant
versus
1 - Vinay Bhojwani Alias Binu S/o Shri Premchand Bhojwani, Aged
About 28 Years R/o Lalbag Patharguda, Near Damru Panthel,
Jagdalpur District Bastar (Chhattisgarh)......Driver
2 - Manish Bhojwani S/o Shri Premchand Bhojwani, Aged About 31
Years R/o Lalbag Patharguda, Near Damru Panthel, Jagdalpur,
District Bastar Chhattisgarh.......(Owner)
3 - The Oriental Insurance Company Limited, Through Branch
Manager, Hotel Laxman Avenue, Moorti Line Jagdalpur, District
Bastar (Chhattisgarh)........Insurer
--- Respondent(s)
For Appellant : Mr. Shikhar Shukla, Advocate
For Respondent No. 3 : Mr. Hanuman Prasad Agrawal,
Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(05.11.2026)
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
26.04.2025, passed in Claim Case No.136/2022, whereby
the learned Claims Tribunal has awarded a total sum of
Rs.82,917/- to the appellant for the injuries sustained by
him in a road accident which took place on 20.03.2020.
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 grievous injuries and also
sustained a fracture on his skull. He was admitted in
hospital for about 7 days. The Tribunal has granted only
Rs. 82,917/- towards medical expenses and has not
granted any amount towards pain and suffering, attendant,
special diet and transportation, loss of income during
treatment and future medical expenses. 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

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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
his skull. 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.
35,000/- 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 heads of pain and suffering, attendant, special
diet and transportation, and future medical expenses. The
injured/appellant was admitted in the hospital for about 7
days. Looking to the injuries sustained by him, Rs.
25,000/- towards pain and suffering, Rs. 25,000/- towards
attendant, special diet and transportation, and Rs.
20,000/- towards future medical expenses are held to be
justified to be awarded to him.
6. Thus, in light of the aforesaid discussion, this Court is
computing the compensation as below:-
Sr.
Heads Compensation
Compensation
No.
awarded by
awarded by this
the Tribunal
Court
1. Medical Expenses Rs. 82,917/- Rs.82,917/-
2. Attendant, special
NA Rs.25,000/-
diet &
transportation
4. Pain and
NA Rs.25,000/-
suffering
5. Loss of income
NA Rs. 35,000/-
during treatment

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6. Future treatment NA Rs.20,000/-
Total Rs.82,917 /- Rs.1,87,917 /-
7. In view of the aforesaid analysis, the amount of
compensation of Rs.82,917/- awarded by the Claims
Tribunal is enhanced to Rs.1,87,917/-. Hence, after
deducting the amount of Rs.82,917/-, the appellant is held
entitled for an additional amount of Rs. 1,05,000/- . 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.
8. In the result, the appeal is partly allowed and the
impugned award is modified to the extent as indicated
herein-above.
9. 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