Kedar Banjare Vs Santosh Vishwakarma

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Digitally signed by AJINKYA PANSARE Date: 2026.02.17 10:44:38 +0530

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1

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 1354 of 2022

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1. Kedar Banjare S/o Harprasad Aged About 42 Years Through - Amicus Curiae Munni Banjare W/o Kedar Banjare R/o Village - Firgi, Tahsil - Bagbahara District - Mahasamund Chhattisgarh (Claimant)

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... Appellant(s)

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versus

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1. Santosh Vishwakarma S/o Vishnu Vishwakarma Aged About 32 Years R/o Village - Kochbay, Thana And District - Gariyaband (Chhattisgarh) (Driver Of The Offending Vehicle No. C.G. 04/ E./2271) (Driver)

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2. Smt. Iqbal Kaur W/o Indrajit Singh Beside Union Bank Tatibandh Raipur District - Raipur (C.G.) (Owner Of The Offending Vehicle No. C.G. 04/ E./2271) (Owner)

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3. The Branch Manager New India General Insurance Company Limited Madina Building Medical College Road Raipur District - Raipur Chhattisgarh ((Insurer Of The Offending Vehicle No. C.G. 04/ E./2271) (Insurer)

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... Respondent(s)

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For Appellant	: Ms. Shaleeni Jangde, Advocate on
	behalf of Mr. A.L. Singroul, Advocate
For Respondent No. 3	: Mr. Mohd. Azad Siddiqui, Advocate

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Hon’ble Shri Justice Rakesh Mohan Pandey

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Order On Board

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16.2.2026

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1) Appellant/ claimant has filed this appeal under Section 173 of MV Act assailing the award passed by learned Additional Motor

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2

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Accident Claims Tribunal (FTC), Mahasamund (C.G.) in Claim Case No. H-2/2018 dated 6.8.2022 whereby the learned Tribunal awarded Rs. 1,75,000/- with interest @ 7% p.a. from date of application till its realization.

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2) Facts of the present case are that on 27.7.2016, when appellant was going from Village Firgi to Tahsil Office, Bagbahara on motorcycle, the offending vehicle – Bus bearing registration No. CG-04-E-2271 dashed the motorcycle. In the accident, appellant sustained injuries over various parts of body including fracture over left hand and leg. Claimant himself filed claim case claiming therein compensation to the tune of Rs. 13,78,000/-. He pleaded that he was aged 42 years at the time of accident and used to earn Rs. 250/- per day working as laborer. Learned Tribunal framed issues ; parties led evidence and thereafter award impugned was passed.

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3) Learned counsel for the appellant submits that appellant suffered fracture over left hand and leg but learned Tribunal has awarded meager amounts for loss of earning, pain and suffering, attendant charges and transportation. She further submits that learned Tribunal failed to award separate compensation for future medical expenses. She prays to enhance the compensation accordingly.

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4) On the other hand, learned counsel appearing for the Insurance Company submits that claimant did not sustain permanent disability and failed to examine the treating doctor to prove

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3

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seriousness of injuries. He further submits that learned Tribunal has awarded just and proper compensation and there is no scope for interference.

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5) Heard learned counsel for the parties and perused the record with utmost circumspection.

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6) Admittedly, appellant sustained serious injuries but there was no disability and there was fracture over left hand and leg and after few days, appellant became fit. It appears that appellant failed to submit medical bills therefore learned Tribunal did not award compensation towards medical expenses. Appellant also failed to examine the treating doctor to prove seriousness of injuries and disability. As the appellant is not suffering from any disability and he became fit, there is no need to grant compensation for future medical expenses.

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7) Learned Tribunal has passed following award :-

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Sr. No.	Heads	Compensation awarded by Tribunal
1.	Loss of earning	Rs. 90,000/-
2.	Medical Expenses and hospital bills	NIL
3.	Pain and Suffering	Rs. 50,000/-
4.	Special Diet	Rs. 20,000/-
5.	Transportation	Rs. 15,000/-
	TOTAL	Rs. 1,75,000/-

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4

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8) A careful perusal of award would reveal that learned Tribunal has awarded Rs. 90,000/- towards loss of earning ; Rs. 50,000/towards pain and suffering ; Rs. 20,000/- towards special diet and Rs. 15,000/- towards transportation. Thus, in total Rs. 1,75,000/has been awarded by the Tribunal. In my opinion, learned Tribunal has awarded appropriate compensation under these heads.

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9) In view of the foregoing discussion, in the opinion of this Court, learned Tribunal has awarded just and proper compensation and there is no scope for interference. Consequently, this appeal fails and is hereby dismissed .

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Sd/(Rakesh Mohan Pandey) JUDGE

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A j i n k y a

Kedar Banjare v. Santosh Vishwakarma

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Kedar Banjare v. Santosh Vishwakarma

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