1 MAC No. 1209 of 2019 2026:CGHC:26914 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1209 of 2019  Satya Prakash Kanwar @ Satya Prakash Singh, S/o Late Chandrabhan Singh, Aged About 19 Years, R/o Qwater No. M.D. 52 Subhash Block S. I. C. L. Korba Chowki Manikpur Thana - Kotwali Korba Tahsil And District - Korba Chhattisgarh. ... Appellant versus 1. Anil Kumar Kewat S/o Ramlal, Aged About 28 Years, Caste – Kewat, R/o Old Basti Darri House No. 16, Thana - Darri, Tahsil - Katghora District - Korba Chhattisgarh. ( Driver ). 2. Surender Pal Singh S/o Mahendraa Singh, Aged About 50 Years, Caste - Sikh, R/o Darri Road Korba Tahsil And District - Korba Chhattisgarh. (Owner). 3. The New India Insurance Company Limited, Through Divisional Manager, Insurance Company Limited, Branch Office Transport Nager Korba Tahsil And District Korba Chhattisgarh. ( Insurer ). ... Respondents For Appellant :- Mr. Vikas Pandey, Advocate. For Respondent No.3 :- Mr. Raj Awasthi, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 01.07.2026 1. This appeal has been filed by the appellant/injured claimant under Section 173 of the Motor Vehicles Act, 1988 (for short ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 1209 of 2019 “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 01.11.2018 passed by the Motor Accident Claims Tribunal, Korba, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 16/2017, whereby the Claims Tribunal allowed the claimant’s application and awarded 4,05,520/- along with interest. ₹ 2. Mr. Vikas Pandey, learned counsel for the appellant, would submit that the Claims Tribunal has erred in awarding the less compensation. He would also submit that the Claims Tribunal has considered the disability 15% however, as per the disability certificate, the appellant has suffered 47.30% locomotor disability. He would further submit that under the heads of loss of medical treatment, pain and suffering, transportation expenses, special diet and attendant less amount has been awarded by the Claims Tribunal which is liable to be enhanced and even under the heads of future earning capacity, loss of amenities & enjoyment compensation has not been awarded by the Claims Tribunal which is liable to be awarded. 3. Mr. Raj Awasthi, learned counsel for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and submit that the amount awarded by the Claims 3 MAC No. 1209 of 2019 Tribunal is just and proper 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 with utmost circumspection. 5. Learned Claims Tribunal considered the disability of the appellant 15%, however, considering the material available on record, in opinion of this Court, it should be 25%. Furthermore, under the heads of loss of medical treatment, pain and suffering, transportation expenses, special diet and attendant amount is liable to be enhanced and also under the heads of future earning capacity, loss of amenities & enjoyment amount is liable to be awarded. 6. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 MAC No. 1209 of 2019 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹7,000 x 12 = 84,000/- ₹ ₹7,000 x 12 = 84,000/- ₹ 2. Future Prospect (+)40% = 33,600/-; ₹ Total = ₹84,000+33,600= 1,17,600/- ₹ (+)40% = ₹33,600/-; Total = ₹84,000+33,600= 1,17,600/- ₹ 3. Multiplier (x) 18 = 21,16,800/- ₹ (x) 18 = 21,16,800/- ₹ 4. Disability 15% of 21,16,800= ₹ 3,17,520/- ₹ 25% of ₹21,16,800= 5,29,200/- ₹ 5. Loss of medical treatment ₹15,000/- 25,000/- ₹ 6. Pain & suffering ₹20,000/- 50,000/- ₹ 7. Loss of transportation ₹5,000/- 10,000/- ₹ 8. Special diet ₹10,000/- 20,000/- ₹ 9. Loss of future earning capacity Nil 10,000/- ₹ 10. Loss of amenities Nil 10,000/- ₹ 11. Loss of life enjoyment Nil 10,000/- ₹ 12. Attendant ₹18,000/- 30,000/- ₹ Total ₹3,90,520/- (wrongly calculated by the Claims Tribunal 4,05,520/-) ₹ 6,94,200/- ₹ 7. In view of the aforesaid analysis, the amount of compensation of 3,90,520 ₹ /- (wrongly calculated by the Claims Tribunal ₹4,05,520/-) awarded by the Claims Tribunal is enhanced to ₹6,94,200 /-. Hence, after deducting the amount of ₹3,90,520 /- (wrongly calculated by the Claims Tribunal 5 MAC No. 1209 of 2019 ₹4,05,520/-) , the appellant/claimant is held to be entitled to an additional amount of 3,03,680/- ₹ . 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 @7% 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, 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