1 MAC No. 426 of 2020 2026:CGHC:21541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 426 of 2020  Anmol Kujur S/o Shri Blasheush Kujur, Aged About 20 Years, R/o Village - Kantabail, Post And Tahsil - Manora, District – Jashpur, Chhattisgarh. --- Petitioner versus 1. Tarun Sharma S/o Vinod Sharma Aged About 25 Years Cast - Brahman, R/o Dabhra Rode, House No. 143/2, Ward No. 16, Kharsiya, District - Raigarh Chhattisgarh. 2. Ravti Raman S/o Makhan Lal, Aged About 50 Years Village - Ghagra, P.S. And Tehsil - Kharsiya, District - Raigarh Chhattisgarh. 3. The New India Insurance Company Limited Local Office - Ghamhariya Rode, District - Jaspur Chhattisgarh. --- Respondents For Appellant :- Mr. Rishikant Mahobia, Advocate. For Respondent No.3 :- Ms. Pooja Yadav appears on behalf of Mr. Shivendu Pandya, Advocates. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 08.05.2026 1.This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the injured ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 426 of 2020 appellant/claimant, seeking enhancement in the amount of compensation, against the impugned award dated 25.11.2019 passed by the Motor Accident Claims Tribunal, Jashpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 88/2018 whereby learned Claims Tribunal has allowed the claimant’s application and awarded a sum of ₹10,08,155/- as compensation along with interest. 2. Mr. Rishikant Mahobia, 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. He would also submit that the Claims Tribunal erred in assessing income of the injured claimant to the tune of ₹5,000/- per month which should be ₹7,800/- per month as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. He would further submit that under the heads of loss of earning and pain & suffering less amount has been awarded by the Claims Tribunal which is liable to be enhanced. Furthermore, under the heads transportation, attendant, future medical expenses and special diet amount has not been awarded by the Claims Tribunal which is liable to be awarded. 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 MAC No. 426 of 2020 3.Ms. Pooja Yadav, learned counsel for the Insurance Company, 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. 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 assessed the monthly income of deceased to be ₹5,000/- however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the injured claimant should be ₹7,800/- (as per minimum wages prescribed at relevant time) and ₹93,600/- per annum. Also the Claims Tribunal has awarded less amount under the heads of loss of earning and pain & suffering, which is liable to be enhanced. Furthermore, under the heads of transportation, attendant, future medical expenses and special diet amount has not been awarded by the Claims Tribunal which is liable to be awarded. 6.Thus, in light of the aforesaid discussion this Court is computing the compensation as below:- 4 MAC No. 426 of 2020 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹5,000x12= ₹60,000/- ₹7,800x12= ₹93,600/- 2. Future Prospect (+)40% = ₹24,000/-; Total = ₹60,000+24,000 = ₹84,000/- (+) 40% =37,440/- Total = ₹93,600+37,440= ₹1,31,040/- 3. Deduction (-)½ =₹42,000/- (-)1/2 = ₹65,520/- 4. Multiplier (x) 18 = ₹7,56,000/- (x)15 = ₹9,82,800/- 5. Medical Expenses ₹1,06,290/- ₹1,06,290/- 6. For medicines based on receipt ₹30,865/- ₹30,865/- 7. Loss of earning ₹5,000x3 = ₹15,000/- ₹7,800x3 = ₹23,400/- 8. For pain and suffering ₹50,000/- ₹1,00,000/- 9. For loss of amenities ₹50,000/- ₹50,000/- 7. For transportation NIL ₹15,000/- 8. For attendant NIL ₹15,000/- 9. For future medical expenses NIL ₹50,000/- 10. Special Diet NIL ₹15,000/- 11. Total ₹10,08,155/- ₹13,88,355/- 7. In view of the aforesaid analysis, the amount of compensation of ₹10,08,155/- awarded by the Claims Tribunal is enhanced to ₹13,88,355/-. Hence, after deducting the amount of ₹10,08,155/-, the appellant/injured claimant is held to be 5 MAC No. 426 of 2020 entitled to an additional amount of ₹3,80,200/-. 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 @6% 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