Chhattisgarh High Court
MAC/2327/2026 of SMT. KALPANA SONI Vs BHUPENDRA KUMAR PATEL on 12 October 2026
2026:CGHC:44166 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2327 of 2026 1 - Smt. Kalpana Soni W/o Deepak Soni, Aged About 32 Years, R/o L I G - I / 395, Sector - Ii, Infront Of Gaurishankar Mandir, Dindayal Upadhyay Nagar, Tehsil And District Raipur C.G. 2 - Deepak Soni S/o Late
CGHC010385752026
2026:CGHC:44166
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 2327 of 2026
1 - Smt. Kalpana Soni W/o Deepak Soni, Aged About 32 Years, R/o L
I G - I / 395, Sector - Ii, Infront Of Gaurishankar Mandir, Dindayal Upadhyay Nagar, Tehsil And District Raipur C.G.
2 - Deepak Soni S/o Late Munna Lal Soni, Aged About 33 Years, R/o L I G - I / 395, Sector - Ii, Infront Of Gaurishankar Mandir, Dindayal Upadhyay Nagar, Tehsil And District Raipur C.G.
... Appellants
versus
1 - Bhupendra Kumar Patel S/o Govardhan Patel, Aged About 24
Years, R/o Village Madawa, Post Matiya, Thana Gidhori Tehsil Kasdol, District Baloda Bazar Bhatapara C.G. (Vehicle Scooty No. C G
22 Y 3103, Registered Owner).
2 - Shriram General Insurance Company Limited, Through Manager /
Authorized Officer, Shriram General Insurance Company Limited, 4th Floor, Maruti Height, G. E. Road, Beside Sky Maruti Dealer Amanaka, Raipur District Raipur C.G. (Vehicle Scooty No. C G 22 Y 3103, Registered Owner).
... Respondent(s)
For Appellants
: Mr. Amit Kumar Sahu, Advocate
For Respondents
: ------
Hon'ble Shri Justice Sanjay Kumar Jaiswal
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Order
on Board
(13.10.2026)
1. Heard on admission.
2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant challenging the award dated 30.06.2026 passed by learned Third Motor Accident Claims Tribunal, Raipur, District Raipur (CG) in Motor Accident Claim Case No.1084/2024, whereby the Tribunal has awarded a total compensation of Rs. 2,00,000/- in favour of the appellants/claimants.
3. The learned Tribunal, upon appreciation of the evidence available on record, observed in paragraphs 26, 27 and 28 of the impugned award that the miscarriage suffered by appellant No. 1 as a result of the accident had caused physical pain and mental suffering to both appellant No. 1 (the mother) and appellant No. 2 (the father). Having regard to the fact that the pregnancy was at a gestational age of only 8 weeks and 1 day, the learned Tribunal awarded a lump-sum compensation of Rs. 2,00,000/- towards pain and suffering and medical expenses. The compensation payable to appellant No. 1 for the personal injuries sustained by her in the accident was assessed and awarded separately by the learned Tribunal.
4. Learned counsel appearing on behalf of the appellants submits that the learned Claims Tribunal has erred in awarding a sum of only Rs. 2,00,000/- as compensation for the miscarriage suffered by appellant No. 1, which is inadequate. It is, therefore, contended that the compensation awarded by the claims Tribunal needs to be enhanced suitably.
5. Upon an overall consideration of the evidence available on record and the findings recorded by the Tribunal, this Court is of the considered opinion that the compensation awarded by the Tribunal is just, fair and reasonable and does not warrant any interference.
6. Consequently, finding no merit in the present appeal, the same is hereby dismissed at the admission stage.
7. No order as to costs.
Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh