1 MAC No. 1915 of 2019 2026:CGHC:18034 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1915 of 2019  Gayatri Gupta W/o Janki Prasad Gupta, Aged About 33 Years, R/o LIG - 788, Housing Board Colony, Sector - 5, Saddu, Raipur, Police Station - Vidhansabha, District - Raipur Chhattisgarh. ... Appellant versus 1. Ashwani Kumar Bais S/o Vijayshankar Bais, Aged About 27 Years, R/o Village - Saman, Police Station - Bansagar, District - Shahdol (M. P.) At Present Kabirnagar 6-3, Commercial Complex, Police Station - Kabirnagar, District - Raipur Chhattisgarh. (Driver Of Highwa Truck No. C.G.-04-JC-7190). 2. Jay Mata Dee Construction, Address 6-3, Commercial Complex, Kabirnagar, Police Station - Kabirnagar, District Raipur Chhattisgarh. (Owner Of Highwa Truck No. C.G.-04-JC-7190). 3. H.D.F.C. Argo General Insurance Company Limited, Through The Branch Manager, Branch Office - Third Floor, Chanwla Complex, Sai Nagar Raipur C.G. (Not Mentioned In Impugned Order) (Insurer Of Highwa Truck No. C.G. - 04-JC -7190). ... Respondents For Appellant :- Ms. Deeksha Jaiswal, Advocate, appears on behalf of Mr. Goutam Khetrapal, Advocate. For Respondent No.3 :- Mr. Ashish Pandey, Advocate, appears on behalf of Mr. N.K. Thakur, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1915 of 2019 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 21.04.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the injured claimant seeking enhancement in the compensation amount awarded by the 8th Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No.626/2017, vide impugned award dated 15.05.2019, whereby the Claims Tribunal allowed the injured/claimant’s application and awarded compensation amount along with interest. 2. Ms. Deeksha Jaiswal, learned counsel for the appellant/injured claimant, would submit that the learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. She would also submit that income during treatment has not been assessed by the Claims Tribunal which is liable to be assessed. Furthermore, under the heads of future treatment, pain, suffering, special diet and attendant less amount has been awarded by the Claims Tribunal which is liable to be enhanced and under the head of transportation amount has not been awarded which is liable to be awarded. As such, the appeal of the injured claimant is liable to be allowed and the compensation amount may suitably be enhanced. 3 MAC No. 1915 of 2019 3.Mr. Ashish Pandey, learned counsel for respondent No.3/insurance company, would oppose the prayer made by learned counsel for the appellant and submit that the Claims Tribunal has awarded just and proper compensation to the claimants herein which does not call for interference. 4.I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records precisely. 5.Learned Claims Tribunal has admitted that the injured claimant was the Shiksha Karmi and her monthly income was 18,000/- at that ₹ time, but did not assessed the income of the injured claimant during the period of treatment. However, in opinion of this Court the income of the appellant during treatment i.e. for 9 months should be 1,62,000/- (9 x 18,000/-) is liable to be added. Furthermore under ₹ the heads of future treatment, pain, suffering, special diet and attendant the amount is liable to be enhanced and under the head of transportation the amount is liable to be awarded. 6.Thus, in light of the aforesaid discussion claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of income NIL 9x 18,000 = ₹ 4 MAC No. 1915 of 2019 during treatment (9 months) 1,62,000/- ₹ 2. Medical Expenses ₹4,16,391/- ₹4,16,391/- 3. Future treatment ₹10,000/- ₹50,000/- 4. Pain and suffering, special diet and attendant ₹70,000/- 1,00,000/- ₹ 5. Loss of living normal life ₹30,000/- 50,000/- ₹ 6. Transportation NIL ₹30,000/- 7. Total ₹5,26,391/- 8,08,391/- ₹ 7. In view of the aforesaid analysis, the amount of compensation of ₹5,26,391 /- awarded by the Claims Tribunal is enhanced to ₹8,08,391 /-. Hence, after deducting the amount of 5,26,391 ₹ /-, the appellant/injured claimant is held to be entitled to an additional amount of 2,82,000/- ₹ . The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @8% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned awards shall remain intact. 8.Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit