Smt. Geeta Sen Vs Pukhraj Bhatt @ Lakki

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2026:CGHC:27142

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1505 of 2026

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1 - Smt. Geeta Sen W/o Lilaram Sen Aged About 35 Years R/o Village- Patharra, Ward No. 14, Thana/ Tahsil- Rajim, Distt.Gariyaband (C.G.) At Present R/o Village- Banrasi, Thana- Mana Camp, Distt- Raipur (C.G.) (Claimant)

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... Appellant

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versus

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1 - Pukhraj Bhatt @ Lakki S/o Ashwani Aged About 25 Years R/o Village- Patharra, Mandi Road, Thana- Rajim, Distt.- Gariyaband (C.G.) (Driver)

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2 - Ramesh Kumar Verma @ Raju S/o Bhushan Lal Verma Aged About 45 Years R/o Ward No. 06, Village/ Post- Sursabandha, Thana- Rajim, Distt.- Gariyaband (C.G.) (Owner)

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3 - Branch Manager The New India Insurance Company Limited, Branch Office- Rama Trade Centre, 1st Floor, In Front Of Rajeev Plaza, Old Bus Stand, Tahsil/ Distt- Bilaspur (C.G.) (Insurer)

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... Respondents

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For Appellant : Mr. Arvind Prasad, Advocate. For Respondents : Not noticed.

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Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board

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(02.07.2026)

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Heard on I.A. No. 01/2026, application for condonation of delay under Section 5 of the Limitation Act.

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Digitally signed by HEERA LAL SAHU Date: 2026.07.03 10:21:28 +0530

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2

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Upon due consideration and for the reasons mentioned in the application, I.A. No. 01/2026 is allowed and delay of 32 days in filing the instant appeal is condoned.

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Also heard on admission.

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This is the claimant’s appeal for enhancement against the award dated 18.02.2026 passed by the 1^st Additional Motor Accident Claims Tribunal, District – Raipur (C.G.) in Motor Accident claim case No.1276/2024 whereby a compensation amount of Rs. 9,000/- has been awarded in favour of the claimant.

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Learned counsel appearing for the appellant submits that the finding recorded regarding income and dependency in the order impugned is bad in law and liable to be set aside, which relates to future income in view of the principle laid down by the Hon’ble Supreme Court in the matter of Rajesh & Ors vs. Rajbir Singh & Ors., reported in 2013(9) SCC 54. As such, the awarded compensation is liable to be enhanced suitably.

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I have heard learned counsel appearing for the appellant and perused the record of the Tribunal including award impugned.

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The Tribunal, on a close scrutiny of the evidence, held that the accident had occurred due to the rash and negligent driving of a vehicle bearing registration No. CG-04-PF-7336 by its driver, Pukhraj Bhatta @ Lakki – respondent No.1 herein; appellant Smt. Geeta Sen sustained injuries in the accident; the tribunal held that no X-ray reports, treatment records, or proof of hospitalisation were produced on behalf of the claimant. As per the findings on Issue No.1, only simple injuries were proven to have been sustained in the accident. In the absence of cogent evidence to establish permanent disability resulting from the said injuries, the Tribunal held that the claimant was not entitled to any compensation for the loss of future income. Accordingly, the Tribunal awarded total compensation of Rs.9,000/- under the following heads: Rs.1,000/- towards loss of income during the period of treatment, Rs.2,000/- towards

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medical expenses, Rs.1,000/- towards special diet and transportation, and Rs.5,000/- towards pain and suffering.

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On a careful consideration of the material on record, this Court finds that the Tribunal has properly appreciated the evidence and the compensation awarded is just and proper. There is no infirmity in the impugned award warranting interference.

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Accordingly, the appeal of the appellant is hereby dismissed at the admission stage.

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Sd/Sanjay Kumar Jaiswal Judge

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H.L. Sahu

Smt. Geeta Sen v. Pukhraj Bhatt @ Lakki

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Smt. Geeta Sen v. Pukhraj Bhatt @ Lakki

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