Abhay Kumar Banjare Vs Sunil Sagar

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AMITA DUBEY

2026:CGHC:15536

NAFR

Digitally signed by AMITA DUBEY Date: 2026.04.15 18:30:49 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 2138 of 2024

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Abhay Kumar Banjare S/o Late Devram Banjare, Aged About 22 Years R/o Nagar Panchayat Tundra, Police Station-Gidhauri, Distict-Balodabazar-Bhatapara (C.G.) -----(Claimant)

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... Appellant

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versus

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1 - Sunil Sagar S/o Shri Gajapati Lal Sagar, Aged About 30 Years R/o Sarva, Police Station-Kasdol, District-Balodabazar-Bhatapara (C.G.) -----(Driver Of Truck Vehicle Cg 07 Cm 7855).

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2 - Jaswant Singh S/o Shri Prem Singh, Aged About 48 Years R/o Plot No. 40, G/8 Punjab Roadways Transport Nagar Bhilai, District-Durg (C.G.) -----(Owner Of Truck Vehicle Cg 07 Cm 7855).

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3 - National Insurance Company Limited, Through The Branch Manager, Address2nd Floor, Mobin Mahal, Lalganga Shopping Mall Raipur, District-Raipur (C.G.) ----(Insurer Of Truck Vehicle Cg 07 Cm 7855).

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		... Respondent(s)
For Appellant	: Mr. Palash Agrawal,Advocate
For Res No. 1	: Mr. A. D. Kuldeep, Advocate
For Res. No. 3	: Mr. Anil Gulati, Advocate

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Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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06/04/2026

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Heard on admission.

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Appeal is admitted for hearing.

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With the concent of the parties, the matter heard finally.

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This Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short

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“M.V. Act”) has been filed by the appellant/claimant, being aggrieved by

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2

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the award dated 13.08.2024 passed by the Motor Accident Claims Tribunal, Baloda-Bazar Bhatapara (C.G.) in Claim Case No. 69 of 2023.

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By the impugned award the learned Tribunal has awarded compensation of Rs. 1,30,276/- to the appellant/claimant against a claim of Rs. 22,50,000/- on account of the injuries sustained by the appellant- Abhay Kumar Banjare in an accident that took place on 26.05.2023, by rash and negligent driving of the offending vehicle (Truck) bearing registration No. CG22-G/8320, driven by driver/respondent No. 1 owned by Owner/respondent No. 2 and insured by Insurance Company/respondent No. 3. As a result of the said accident, the appellant/ Abhay Kumar Banjare sustained severe injuries on his head, chest and hand and legs.

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As per the pleadings, at the time of accident the appellant/ Abhay Kumar Banjare was aged about 22 years and was working as Data Entry Operator and Programmers at Chandi H. P. Gas Agency, Tundra and used to earn of Rs. 15,000/- per month.

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Respondent No. 1 /Driver denied averment made in the claim application and filed the written statement. Respondent No. 3/Insurance in usual course, denied the averments of the claim application and pleaded that the driver of the offending vehicle did not have valid and effective driving licence and there is a violation of terms and conditions of insurance policy.

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On the basis of the above pleadings, the learned Tribunal has framed Seven issues and after appreciating the material available on record decided the same in favour of the appellant/claimant and awarded above stated compensation.

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Learned counsel for the appellant/claimant submits that amount of compensation is on the lower side. The appellant has suffered severe injuries on his head, chest, hands and legs. Hence, suitable enhancement may be made by this Court.

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3

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10.Mr. A. D. Kuldeep, learned counsel for respondent No. 1 and Mr. Gulati, learned counsel for respondent No. 3 support the award and submit that in view of the evidence available on record finding of the learned Claims Tribunal is justified and just compensation has been awarded.

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I have heard learned counsel for the parties, considered their rival submissions and perused the records.

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12.The learned Tribunal after meticulous examination of the evidence, awarded Rs. 65,356/- for treatment of the appellant; Rs. 19,920/- for loss of income; Rs. 10,000/- for pain & suffering; Rs. 5,000/- for Nutritional diet and Rs. 5,000/- for transportation; Rs. 15,000/- for future treatment, hence the learned Tribunal awarded total compensation of Rs.1,30,2760/- to the appellant/claimant.

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13.In view of evidence available on record, this Court is of the view that ends of justice would meet if an additional compensation of Rs. 25,000/be awarded under all relevant heads to make the compensation just.

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14.The appeal is allowed in part and the compensation amount is enhanced to Rs. 25,000/- in addition to the amount awarded by the learned Claims Tribunal. The respondent No. 3/Insurance Company Ltd. is granted two months’ time to deposit enhanced amount of compensation of Rs. 25,000/- before the concerned Tribunal. No order as to costs.

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Sd/-

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(Sachin Singh Rajput ) Judge

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Ami

Abhay Kumar Banjare v. Sunil Sagar

Case brief

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Abhay Kumar Banjare v. Sunil Sagar

Case brief

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