AAKASH SINGH RAJPUT vs SURESH VERMA

1

CGHC010039862024 2026:CGHC:45030
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 324 of 2024
1 - Aakash Singh Rajput S/o Late Shri Trilok Singh Thakur Aged About
24 Years, R/o Near Sai Mandir, Neelam Sweets, Pahadi Chowk,
Gudhiyari, Raipur, Dist.- Raipur, C.G.
2 - Aman Singh Rajput S/o Late Shri Trilok Singh Thakur Aged About 21
Years R/o Near Sai Mandir, Neelam Sweets, Pahadi Chowk, Gudhiyari,
Raipur, Dist.- Raipur, C.G.
... Appellants
versus
1 - Suresh Verma S/o Punaram Verma Aged About 21 Years R/o-
Village- Amlidih, Police Station And Tahsil- Sahaspur Lohara, Dist.-
Kabirdham, C.G. ( Driver Of Vehicle Bolero Bearing Registration No.
CG/08/W/6756)
2 - Sunil Kumar Verma S/o Sukhraji Verma R/o- Village- Topsingh
Nishad, Village- Kanimera, Police Station And Block- Chhuikhadan,
Dist.- Rajnandgaon (Now K.C.G.), C.G. (Registered Owner Of Vehicle
Bolero Bearing Registration No. CG/08/W/6756)
3 - The Oriental Insurance Company Limited Through Divisional
Manager, Divisional Office No. 3 R. K. Plaza, Pachpedi Naka, Ring
Road No. 1, Raipur, C.G. ( Insurer Of Vehicle Bolero Bearing
Registration No. CG/08/W/6756)

2
4 - Tikeshwar Yadu S/o Ganeshram Yadu R/o- Old Bus Stand Road,
Rajnandgaon, Dist.- Rajnandgaon, C.G. ( Previous Registered Owner
Of Vehicle Bolero Bearing Registration No. CG/08/W/6756)
... Respondents
For Appellants : Ms. Pooja Yadav, Advocate
For Respondent Nos. 1 &
: None
2
For Respondent No.3 : Mrs. Swati Agrawal and Mr. Pankaj
Agrawal, Advocates
For Respondent No.4 : None
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Order on Board
(26.10.2026)
1. Heard on I.A.No.01/2024, an application for condonation of delay
in filing the appeal.
2. There is delay of 344 days in filing the appeal.
3. This is claimants’ appeal for enhancement of the award amount.
4. Upon due consideration and for the reasons mentioned in the
application, the same (I.A.No.01/2024) for condonation of delay in
filing the appeal, is allowed and the delay of 344 days is hereby
condoned.
5. Also heard on admission.
6. The appeal is admitted for hearing.
7. With the consent of learned counsel for the parties, the appeal is
heard finally.
8. This appeal under Section 173 of the Motor Vehicles Act, 1988

3
(for short the "Act of 1988") has been preferred by the
appellants/claimants seeking enhancement of the amount of
compensation, challenging the impugned award dated
21.11.2022, passed in Motor Accident Claim Case No.380/2018,
whereby the learned Claims Tribunal has awarded a total sum of
Rs.55,09,100/- as compensation for the death of Late Trilok Singh
Thakur, who died on 20.05.2018 in a road accident which took
place on 03.03.2018.
9. Learned counsel for the appellants submits that the accident
occurred on 03.03.2018 and the deceased subsequently
succumbed to his injuries on 20.05.2018 during the course of
treatment, i.e. after 76 days, during which prolonged period he
remained hospitalized undergoing medical treatment. However,
the learned Tribunal has awarded a meager sum of Rs.13,500/-
towards attendant charges, Rs.10,000/- towards special diet, and
Rs.5,000/- towards transportation, totaling Rs.28,500/-, which is
grossly inadequate keeping in view the duration of hospitalization
and medical care. Therefore, the compensation under these
heads may be enhanced suitably.
10. Learned counsel appearing for respondent No.3/Insurance
Company supporting the impugned award submits that the
learned Claims Tribunal has awarded just and proper
compensation, which needs no interference by this Court.
11. I have heard learned counsel appearing for the appellants and
respondent No.3 & perused the record of the Tribunal, including
award impugned.
12. Having considered the submissions advanced by learned counsel
for the appellants and upon perusal of the material available on
record, it is evident that the accident occurred on 03.03.2018 and
the deceased succumbed to the injuries on 20.05.2018, i.e., after
76 days, during which period he remained under treatment. The

4
learned Tribunal after taking into consideration the medical bill
(Ex.P-08 to Ex.P-93), has awarded a sum of Rs.5,60,000/-
towards medical expenses; however, amount of Rs.13,500/-
towards attendant charges, Rs.10,000/- towards special diet, and
Rs.5,000/- towards transportation, totaling Rs.28,500/- appears to
be on lower side. Considering the period of treatment of the
deceased for 76 days, this Court is of the considered view that a
consolidated sum of Rs.50,000/- towards diet, attendant and
transportation expenses would be just and reasonable.
Accordingly, an additional amount of Rs.21,500/- (Rs.50,000/- –
Rs.28,500/-) is awarded under the aforesaid heads.
13. In the result, the appeal is partly allowed . The
claimants/appellants shall be entitled to get Rs. 21,500/- in
addition to what is already awarded by the claims Tribunal. The
enhanced amount shall carry interest @ 6% from 16.02.2024, the
date of filing of the instant appeal, till its realization. The impugned
award stands modified to the above extent and rest of the
conditions shall remain intact.
14. The Registry is further directed to communicate the claimants in
writing “the enhanced amount” in this appeal as against the award
made by the Tribunal below. 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 claimants resides.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Digitally signed by
VIJAY BHARATRAO
Pekde
PEKDE
Date: 2026.10.26
17:10:55 +0530