1 MAC No. 212 of 2019 2026:CGHC:22640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 212 of 2019  Rajinder Singh @ Bunty S/o Late Harchand Singh, Aged About 36 Years, R/o Subhash Nagar, Nayakbandha Road, P.S. - Abhanpur, Tehsil And District Raipur Chhattisgarh. 493661. ... Appellant versus 1. Tajinder Singh Siddhu S/o Shri Vasan Singh Siddhu, R/o C/o Shri Dhananjay Singh, Qt. No. B/1470, Sector - 3, Ghuruwa, Ranchi, Jharkhand, Present Address - Mahendra Travels, Opposite Pandri Bus Stand, Raipur Chhattisgarh. 492004. 2. Oriental Insurance Company Ltd., Through Divisional Manager, Divisional Office, Kachahri Chowk, Jail Road, Raipur, Tehsil And District Raipur Chhattisgarh. 492001. ... Respondents For Appellant :- Ms. Anjali Nayak, Advocate, appears on behalf of Mr. Akhilesh Mishra, Advocate. For Respondent No.2 :- Mr. Hanuman Prasad Agrawal, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 13.05.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the injured appellant/claimant, seeking enhancement in the amount of compensation, against the impugned award dated 24.10.2018 passed by the 1st Additional Motor Accident Claims Tribunal, Raipur, District Raipur, Chhattisgarh (for short “Claims ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 212 of 2019 Tribunal”) in Claim Case No. 344/2015 whereby learned Claims Tribunal has allowed the claimant’s application and awarded a sum of ₹1,58,342/- as compensation along with interest. 2. Ms. Anjali Nayak, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases. She would also submit that the Claims Tribunal has not properly appreciated the disability which has been caused to the claimant i.e. 30% which is proved by Dr. A.A. Saify (AW-2) in disability certificate vide Ex.P/111 and awarded less amount under the head of loss of earning capacity while considering 5% disability to the injured claimant. She would further submit that under the heads of future medical expenses, pain & suffering, transportation and healthy diet less amount has been awarded by the Claims Tribunal which is liable to be enhanced. Therefore, the appeal filed by the injured claimant deserves to be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Hanuman Prasad Agrawal, learned counsel for the Insurance Company/respondent No.2 herein, would oppose the prayer made by learned counsel for the appellant and submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 3 MAC No. 212 of 2019 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 5. Learned Claims Tribunal has considered 5% disability suffered by the claimant, though, according to disability certificate (Ex.P/111) proved by Dr. A.A. Saify (AW-2), the claimant has suffered 30% disability, further, nothing has been extracted in the cross- examination of Dr. A.A. Saify, that the disability is confined to 5%. Therefore, having considered the facts and circumstances of the case and after going through the records, in my considered opinion the disability should be considered as 20% suffered by the claimant. Furthermore, under the heads of future medical expenses, pain & suffering, transportation and healthy diet less amount has been awarded by the Claims Tribunal which is liable to be enhanced . 6. Thus, in light of the aforesaid discussion this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Yearly Income ₹39,600/- ₹39,600/- 2. Loss of working capacity 5% = ₹1,980/- 20% = ₹7,920/- 3. Multiplier (x) 16 = ₹31,680/- (x) 16 = ₹1,26,720/- 4. Loss of earning capacity/ dependency ₹31,680/- ₹1,26,720/- 4 MAC No. 212 of 2019 5. Medical Expenses ₹1,11,662/- ₹1,11,662/- 6. For pain and suffering ₹5,000/- ₹50,000/- 7. For transportation & healthy diet ₹10,000/- ₹30,000/- 9. For future medical expenses NIL ₹25,000/- 11. Total ₹1,58,342/- ₹3,43,382/- 7. In view of the aforesaid analysis, the amount of compensation of ₹1,58,342/- awarded by the Claims Tribunal is enhanced to ₹3,43,382/-. Hence, after deducting the amount of ₹1,58,342/-, the appellant/injured claimant is held to be entitled to an additional amount of ₹1,85,040/-. 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 copy of this order. The additional amount of compensation shall carry interest @9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, the appeal filed by the injured claimant/appellant is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit