SMT. REKHA SAHU vs DHAL SINGH THAKUR

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CGHC010323672024 2026:CGHC:46776
NAFR
PRASHANT
DEWANGAN
Digitally signed by
PRASHANT
DEWANGAN
Date: 2026.11.05
17:38:04 +0530
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1852 of 2024
Smt. Rekha Sahu W/o Shri Nakul Sahu Aged About 35 Years R/o Village
Sargaon Tahsil And District - Mungeli, Currently Residing At Tifra P.S. Sirgitti,
District Bilaspur (C.G.),...(Claimant)
... Appellant
versus
1 - Dhal Singh Thakur S/o Shri Churan Singh Thakur Aged About 28 Years
R/o Village Mundarai Tola Salhekhurd, Barghat, P.S. Seoni, District Seoni
(M.P.), (Driver Of Vehicle No. M.H.-04-H.Y.-5810)
2 - Shankarlal Jugraj Sharma S/o Shri Jugraj Sharma Aged About 45 Years
R/o H.No. 303, Building No. 05, Phase No. 03, Brahmand, Thane, District
Thane (M.H.) 400607, (Owner Of Vehicle No. M.H.-04-H.Y.-5810)
3 - Royal Sundaram General Insurance Company Limited Through The
Branch Manager Regional Office - First Floor, In Front Of Rajiv Plaza, Rama
Trade Centre, Bilaspur, District Bilaspur (C.G.), (Insurer Of Vehicle No. M.H.-
04-H.Y.-5810)
... Respondent(s)
For Appellant : Mr. J.N. Nande, Advocate
For Respondent No.3 : Mr. Anupam Dubey, Advocate
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
( 04/11/2026 )
1. Heard on admission.
2. Admit.

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3. With the consent of both the parties, the matter is heard finally.
4. This is the claimant’s appeal for enhancement against the
award dated 29/06/2024 passed by the learned Eighth
Additional Motor Accident Claims Tribunal, Bilaspur, District-
Bilaspur (C.G.) in Motor Accident claim case No. 413/2021
whereby a compensation amount of Rs. 91,300/- has been
awarded in favour of the claimant.
5. Learned counsel for the appellant submits that the learned
Claims Tribunal has erred in awarding lesser compensation in
the facts and circumstances of the case. It is submitted that the
learned Claims Tribunal has awarded a total sum of
Rs.91,300/-, comprising Rs.82,300/- towards medical and
treatment expenses, Rs.2,000/- towards physical and mental
pain and suffering and Rs.7,000/- towards special diet. It is
further submitted by learned counsel for the appellant that the
injured had undergone treatment at S.K.B. Multispecialty
Hospital and Trauma Care Centre, Bilaspur for 7 days. It is
further submitted that the deceased had sustained injuries to
the waist, hands, and back of the head, for which surgical
procedures were performed and stitches were applied.
Therefore, the amount awarded under the other heads of
compensation is on the lower side and deserves to be enhanced
suitably. It is, therefore, prayed that the instant appeal be
allowed and the compensation awarded by the learned Claims
Tribunal be suitably enhanced.
6. On the other hand, learned counsel appearing for respondent
No. 3/Insurance Company would submit that the Claims
Tribunal after appreciating oral and documentary evidence
available on record rightly awarded the compensation amount.
Hence, the compensation awarded by the Claims Tribunal is
just and proper and requires no interference.
7. I have heard learned counsel for the parties, considered their
rival submissions made herein-above and went through the

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records with utmost circumspection.
8. In the case at hand, a perusal of the documents on record
indicates that the appellant had sustained injuries to the waist,
hands, and back of the head, for which surgical procedures
were performed and stitches were applied. The appellant had
undergone treatment at S.K.B. Multispecialty Hospital and
Trauma Care Centre, Bilaspur, for a period of seven days. There
is no evidence of any permanent disability or grievous injury.
The learned Claims Tribunal has awarded a sum of Rs.82,300/-
towards medical and treatment expenses, Rs.2,000/- towards
physical and mental pain and suffering, and Rs.7,000/- towards
special diet. However, this Court is of the view that, apart from
the documented medical expenses, a victim inevitably incurs
miscellaneous out-of-pocket expenses during hospitalisation
and treatment, for which formal receipts may not always be
available.
9. Accordingly, it would be just and reasonable to enhance the
compensation under the other head of medical expenses.
Considering the nature of injuries sustained by the injured, the
duration of treatment, the fact that the injured remained
admitted for about 07 days in hospital and the expenses and
inconvenience necessarily incurred during the course of
treatment, this Court is of the view that the compensation
awarded under the medical and treatment expenses and
physical and mental pain requires suitable enhancement.
Accordingly, the amount awarded towards medical and
treatment expenses is enhanced from Rs.82,300/- to
Rs.85,000/-, and the amount awarded towards physical and
mental pain and suffering is enhanced from Rs.2,000/- to
Rs.10,000/-. Further, considering that the injured remained
hospitalised for seven days, a sum of Rs.10,000/- is awarded
towards attendant charges and transportation expenses. The
amount awarded towards special diet is, however, found to be
just and proper and does not warrant any interference.

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Accordingly, the impugned award stands modified to this extent.
10. Thus, in light of the aforesaid discussion, this Court is
calculating the compensation as below:-
Sr.
No.
Heads Compensation
awarded by the
Tribunal
Compensation
awarded by this
Court
1 Towards medical
expenses
Rs. 82,300/- Rs. 85,000/-
2. Towards special diet Rs. 7,000 Rs. 7,000/-
3. Towards Pain and
suffering
Rs. 2,000/- Rs. 10,000/-
4. Towards attendant
charges and
transportation
Nill Rs. 10,000/-
Total Rs. 91,300/- Rs. 1,12,000/-
11. In view of the aforesaid analysis, the amount of compensation of
Rs.91,300/- awarded by the Claims Tribunal is enhanced to
Rs.1,12,000/-. Hence, after deducting the amount of
Rs.91,300/-, the appellant is held entitled for an additional
amount of Rs.20,700/- . The additional amount of
compensation shall carry interest @ 6% per annum from the
date of filing of the claim application before the Claims Tribunal
till its realization. Rest of the conditions of the impugned award
shall remain intact.
12. In the result, the appeal is partly allowed and the impugned
award is modified to the extent as indicated herein-above.
13. 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
Prashant