(MAC No.546/2019) 2026:CGHC:14325 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 546 of 2019 Anshul Singh Paikara, S/o Balram Singh, aged about 25 years, R/o Village Madan, Police Station and Tahsil Pali, District Korba, Chhattisgarh. (Claimant) ... Appellant versus 1. Suraj Prakash Jaiswal, S/o Kallu Prasad Jaiswal, R/o Shanti Nagar, Pali, Tahsil and Police Station Pali, District Korba, Chhattisgarh. (Driver cum owner of the vehicle) 2. The I.C.I.C.I. Lombard General Insurance Co. Ltd., Through Branch Manager, Office 2 Floor, Simran Tower, L.I.C. Bhawan, Pandari, Raipur, District Raipur, Chhattisgarh (Insurer) ... Respondents For Appellant : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent No.2 : Mr. Saurabh Gupta, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25/03/2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant herein/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 31-8-2018 passed by the Additional Motor Accident Claims Tribunal, Katghora, District Korba in Motor SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.03.27 10:30:03 +0530 (MAC No.546/2019) Accident Claim Case No.137/2016, whereby the learned Claims Tribunal has awarded a total sum of ₹ 90,049/- as compensation to the appellant herein/claimant. 2. Mr. Pravin Kumar Tulsyan, learned counsel appearing on behalf of the appellant herein/claimant, would submit that just and proper compensation has not been awarded. 3. Mr. Saurabh Gupta, learned counsel appearing on behalf of the Insurance Company/respondent No.2 herein, would submit that just and proper compensation has been awarded. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 5. Disability Certificate has been filed as Ex.P-16 in which there was fracture on right leg i.e. right tibia fibula has been found to be fractured to the extent of 49.24% and it has also been stated therein that it is a case of post trauma stiffness right knee and therefore the appellant/claimant would be entitled for following compensation: - S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income NIL ₹ 6,107/- per month. Yearly Income = ₹ 6,107 x 12 = ₹ 73,284/- 2. Loss of efficiency NIL 25% of ₹ 73,284/- = ₹ 18,321/- 3. Future Prospect NIL (+) 40% i.e. ₹ 7,328/-; total income = ₹ 18,321 + 7,328 = ₹ 25,649/- 4. Multiplier NIL (x) 16 = ₹ 4,10,384/- 5. Medical expenses ₹ 65,049/- ₹ 65,049/- (MAC No.546/2019) 6. Pain and suffering and special diets ₹ 25,000/- ₹ 50,000/- 7. Loss of amenities NIL ₹ 50,000/- 8. Travelling expenses NIL ₹ 10,000/- 9. Future Medical expenses NIL ₹ 25,000/- Total ₹ 90,049/- ₹ 6,10,433/- 6. In view of the aforesaid analysis, the amount of compensation of ₹ 90,049/- awarded by the Claims Tribunal is enhanced to ₹ 6,10,433/-. Hence, after deducting the amount of ₹ 90,049/-, the appellant is held entitled for an additional amount of ₹ 5,20,384/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 7% per annum from the date of filing of claim application before the Tribunal i.e. 1-10-2016 till its realisation. Rest of the conditions of the impugned award shall remain intact. 7. 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 Soma