1 MAC No. 111 of 2019 & MAC No. 1835 of 2018 2026:CGHC:22222 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 111 of 2019  The Oriental Insurance Company Limited Through Its Divisional Office, Ambedkar Chowk, Ambikapur, District - Surguja, Chhattisgarh...........(Appellant Res. No.3 Insurer). --- Appellant versus 1. Ramesh Kumar Sahu S/o Ramratan Sahu, Aged About 22 Years, R/o Village Madneshwarpur, P.S. And The Ramanujnagar, District- Surajpur, Chhattisgrah......(Respondent. No.1, Applicant). 2. Anil Kumar S/o Rameshwar Bhagat, Aged About 32 Years, Working As Driver, R/o Village Tilanga (Siharjori), P.S. Farsabahar, District- Jashpur, Chhattisgarh......(Respondent No.2, Respondent No.1, Driver). 3. Kamil Sai Bhagat S/o Dhansai Bhagat, Aged About 42 Years, R/o Patartora, P.S. Kansabel, District- Jashpur, Presently Residing At Bhagwanpur, Ambikapur, District- Surguja, Chhattisgarh......... (Respondent No.3, Respondent No.2, Owner). --- Respondents For Appellant :- Mr. Abhishek Vinod Deshmukh, Advocate. For Respondent No.1 :- Mr. G.V.K. Rao, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 111 of 2019 & MAC No. 1835 of 2018 MAC No. 1835 of 2018  Ramesh Kumar Sahu S/o Ramratan Sahu, Aged About 22 Years, R/o Village Madneshwarpur, Police Station And Tahsil Ramanujnagar, District - Surajpur, Chhattisgarh. ----(Claimant). --- Appellant Versus 1. Anil Kumar S/o Rameshwar Bhagat, Aged About 32 Years, Occupation Driver, R/o Village Tilang (Siharjori), Police Station Farsabahar, District - Jashpur Chhattisgarh. 2. Kameel Sai Bhagat S/o Dhansai Bhagat, Aged About 42 Years, R/o Patartor, Police Station Kansabel, District - Jashpur, Presently Residing At Bhagwanpur, Ambikapur, District - Surguja Chhattisgarh. 3. The Oriental Insurance Company Limited Branch Office, Ambedkar Chowk, Ambikapur, District - Surguja Chhattisgarh. --- Respondent For Appellant :- Mr. G.V.K. Rao, Advocate. For Respondent No.3 :- Mr. Abhishek Vinod Deshmukh, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 12.05.2026 1. Since the common question of law and facts are involved in the present two appeals, they have been clubbed together, heard together and are being decided by this common judgment. 2. Out of these two appeals, one appeal has been filed by the Insurance Company i.e. MAC No.111 of 2019 and another filed by the Injured Claimant - Ramesh Kumar Sahu i.e. MAC No.1835 of 2018, under Section 173 of the Motor Vehicles Act, 1988 (for 3 MAC No. 111 of 2019 & MAC No. 1835 of 2018 short “Act of 1988”) against the impugned award dated 10.08.2018 passed by the Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 76/2016 whereby learned Claims Tribunal has allowed the injured claimant’s application and awarded a sum of ₹12,45,706/- as compensation along with interest. The Insurance Company has filed the appeal for deduction of compensation amount, whereas, the claimant has filed the appeal for enhancement of compensation amount. 3. Mr. Abhishek Vinod Deshmukh, learned counsel for the Insurance Company, would submit that the amount towards the loss of future income i.e. ₹10,00,000/- is no higher side and the same is liable to be deducted. 4. Mr. G.V.K. Rao, learned counsel for the claimant, would oppose the submission made by learned counsel for the Insurance Company and submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the present cases as the right hand of the claimant has become paralysed on account of the accident. He would also submit that under the heads of transportation, attendant, pain & suffering and future medical expenses less amount has been awarded by the Claims Tribunal which is liable to be enhanced. Therefore, the appeal 4 MAC No. 111 of 2019 & MAC No. 1835 of 2018 filed by the claimant be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records meticulously. 6. Having considered the facts and circumstances of the case and after going through the records, it appears that the right hand of the claimant has become paralysed due to accident. Further, learned Claims Tribunal has not assessed the monthly income of injured claimant and awarded lump sum amount towards the loss of future income to the tune of ₹10,00,000/- , however in opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the claimant should be ₹5,085/- (as per minimum wages prescribed at relevant time) and ₹61,020/- per annum and on the basis of which the calculation should be made. Furthermore, future prospect should be awarded and multiplier should also be used and 60% deduction should also be liable while calculating the compensation amount towards the loss of future income. Also, to the facts of the present case the Claims Tribunal has awarded less amount under the heads of heads of transportation, attendant, pain & suffering and future medical expenses which in my 5 MAC No. 111 of 2019 & MAC No. 1835 of 2018 considered opinion is liable to be enhanced under the respective heads. 7. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income NIL ₹5,085 x 12 = ₹61,020/- 2. Future Prospect NIL (+)40% = ₹24,408 = ₹85,428/- 3. Multiplier NIL (x) 18 = ₹15,37,704/- 4. Deduction NIL (-) 60%= ₹9,22,622/- 5. Total towards loss of future income ₹10,00,000/- ₹9,22,622/- 6. Medical Expenses ₹1,76,255/- ₹1,76,255/- 7. Transportation ₹4,451/- ₹10,000/- 8. Pain & Suffering ₹30,000/- ₹60,000/- 9. Attendant ₹5,000/- ₹30,000/- 10. Future Medical Expenses ₹30,000/- ₹60,000/- Total ₹12,45,706/- ₹12,58,877/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 MAC No. 111 of 2019 & MAC No. 1835 of 2018 8. In view of the aforesaid analysis, the amount of compensation of ₹12,45,706/- awarded by the Claims Tribunal is enhanced to ₹12,58,877/-. Hence, after deducting the amount of ₹12,45,706/-, the appellant/injured claimant is held to be entitled to an additional amount of ₹13,171/-. 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 @8.5% 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. 9. Accordingly, this appeal of the Insurance Company i.e. MAC No. 111 of 2019 is disposed off and the appeal of the injured claimant i.e. MAC No. 1835 of 2018 is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit