(MAC No.680/2020) 2026:CGHC:20185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 680 of 2020 {Arising out of award dated 23-11-2019 passed by the 5th Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.283/2015} Avnindra Singh, S/o Late Ramakant Singh, Age mention claim application 62 years, (Now 66 years) Occupation Agriculture and Contractor, R/o Janakpur, District Koriya, Present address Through Nishant Singh, S/o Avnindra Singh, House No.C-7, Vasundhara Vihar, Godhanpur, Ambikapur, District Sarguja, Chhattisgarh. (Claimant) ... Appellant versus 1. Smt. Sadhna Keshri, W/o Late Santosh Prasad Keshri, aged 45 years. 2. Shivangini Keshri, D/o Late Santosh Prasad Keshri, aged 23 years. 3. Pankaj Keshri, S/o Late Santosh Prasad Keshri, aged 22 years. 4. Pranshu Keshri, S/o Late Santosh Prasad Keshri, aged 20 years. All R/o Mishan Chowk, Kedarpur, Ambikapur, District Sarguja, Chhattisgarh. {Driver & Owner (Lrs)} 5. Branch Manager, The Oriental Insurance Co. Ltd., Near Ambedkar Chowk, Ambikapur, District Sarguja, Chhattisgarh. (Insurer) ... Respondents For Appellant : Mr. Ghanshyam Patel, Advocate. For Respondent No.5 : Mr. T.K. Tiwari, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2026.05.01 10:33:53 +0530 (MAC No.680/2020) Judgment on Board 30/04/2026 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 23-11-2019 passed by the 5th Additional Motor Accident Claims Tribunal, Ambikapur, District Surguja in Motor Accident Claim Case No.283/2015, whereby the learned Claims Tribunal has awarded a total sum of ₹ 4,62,900/- as compensation for the injury suffered by the appellant herein/ claimant, who is working as Accountant in A.K. School of Nursing, Manendragarh, aged about 62 years at the time of incident. 2. Mr. Ghanshyam Patel, learned counsel appearing on behalf of the appellant herein/claimant, would submit that the appellant herein/ claimant is working as Accountant in A.K. School of Nursing, Manendragarh and he suffered injury in which spleen has got punctured and there was fracture on right hand and shoulder. He would further submit that just and proper compensation has not been awarded to the claimant and even future medical expenses have not been paid to him. Therefore, the compensation deserves to be enhanced to ₹ 6,76,694/- and just and proper compensation be awarded. (MAC No.680/2020) 3. Mr. T.K. Tiwari, learned counsel appearing on behalf of respondent No.5 herein/Insurance Company, would support the impugned award and oppose the appeal. 4. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 5. The learned Claims Tribunal has assessed the monthly income of the injured/claimant/appellant herein to be ₹ 5,000/-, however, in the opinion of this Court, the monthly income of the injured/claimant/ appellant herein should be ₹ 19,965/- (as per minimum wages prescribed at relevant time). 6. Thus, considering the evidence available on record and that the claimant/injured/appellant herein is working as Accountant in A.K. School of Nursing, Manendragarh, 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. v. 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:- S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income ₹ 5,000/- per month. Yearly Income = ₹ ₹ 19,965/- per month. Yearly Income = ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 (MAC No.680/2020) 5,000 x 12 = ₹ 60,000/-. 19,965/- x 12 = ₹ 2,39,580/-. 2. Deduction towards disability 40% = ₹ 24,000/- (loss of income) 40% = ₹ 95,832/- (loss of income) 3. Multiplier (x) 7 = ₹ 1,68,000/- (x) 7 = ₹ 6,70,824/- 4. Medical Expenses ₹ 2,44,900/- ₹ 2,28,770/- 5. Travelling Expenses ₹ 30,000/- ₹ 50,000/- 6. Nutritious Food & Attendant ₹ 20,000/- ₹ 40,000/- 7. Pain & suffering NIL ₹ 50,000/- 8. Loss of amenities NIL ₹ 50,000/- 9. Future Medical Expenses NIL ₹ 50,000/- Total ₹ 4,62,900/- ₹ 11,39,594/- 7. In view of the aforesaid analysis, the amount of compensation of ₹ 4,62,900/- awarded by the Claims Tribunal is enhanced to ₹ 11,39,594/-. Hence, after deducting the amount of ₹ 4,62,900/-, the appellant herein is held entitled for an additional amount of ₹ 6,76,694/-. 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 9-11-2015 till its realisation. 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 Soma