1 2025:CGHC:48625 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 369 of 2023 Kunal Verma, S/o. Kailash Verma, Aged About 5 Years, Through Natural Guardian His Father Kailash Verma, S/o. Shri Gopal Verma, Aged About 35 Years, Present Address- Shaktinagar Kohka, Police Station Supela, Bhilai, Tahsil & District Durg, Chhattisgarh. Permanent Address - Dhangaon, Police Chowki - Jalbandha, Khairagarh, District - Rajnandgaon, Chhattisgarh (Now District Khairagarh-Chhuikhadan-Gandai) ... Appellant versus 1 - Dharmendra Singh Rajput, S/o. Late Ramesh Singh Rajput, Aged About 29 Years, R/o. Village Semra, Daihan, Police Station Ghumka, District - Rajnandgaon, Chhattisgarh (Driver Of Vehicle Haiwa Dumper Truck No. C.G. 08/L-2071). 2 - Mahaveer Construction Proprietor Vikas Singh Thakur, S/o. Shri Sukhdev Singh Thakur, R/o. Ward Number-19, Panchsheel Colony, Mamta Nagar, Rajnandgaon, Police Station City Kotwali, Rajnandgaon, Tahsil & District - Rajnandgaon, Chhattisgarh (Registered Owner Of Vehicle Haiwa Dumper Truck No. C.G. 08/L- 2071). ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.23 16:54:38 +0530 2 3 - United India Insurance Company Limited, Through Branch Manager, Tara Complex, Floor No. 1, G. E. Road, Bhilai, Police Station Supela, Bhilai, Tahsil & District Durg, Chhattisgarh (Insurance Company Of Vehicle Haiwa Dumper Truck No. C.G. 08/L-2071). ... Respondents For Appellant : Mr. Praveen Dhurandhar, Advocate For Respondent No.3 : Mr. Abhishek Vinod Deshmukh, Advocate appears through video conferencing (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 22.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 16.12.2022 passed by learned Motor Accident Claims Tribunal, Durg, in Claim Case No.240/2020, by which the claim application of the claimant has been allowed and an amount of Rs.15,20,192/- has been awarded as compensation to the claimant along-with interest @ 9% per annum from the date of filing of claim application. 3 2. Mr. Praveen Dhurandhar, learned counsel for the appellant/ claimant would submit that the loss of future income due to permanent disability has been taken as 30%, which should be 40% as per the statement of Dr. Rajesh Sadani (PW-3) and the disability certificate is Ex.A-174. Therefore, the amount of compensation be suitably enhanced. 3. Mr. Abhishek Vinod Deshmukh, learned counsel for the insurance company/respondent No.3 would submit that the amount of compensation awarded by the learned Claims Tribunal is just & 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 minutely. 5. Learned Claims Tribunal awarded total compensation of Rs. 15,20,192/- under the different heads while recording a finding that the left leg of the claimant amputated below the knee and therefore future earning capacity of the claimant will be affected to the extent of 30%. However, in the opinion of this Court, the future earning capacity of the claimant, who was aged about 5 years on the date of incident, due to 4 disability will be to the extent of 40%. Thus, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of future earning due to permanent disability Rs. 10,088 + 40% = 14,123 x 30% = 4,237 x 12 x 18 = 9,15,192/- Rs. 10,088 + 40% = 14,123 x 40% = 5,649 x 12 x 18 = 12,20,184/- Medical expenses Rs. 2,55,000/- Rs. 2,55,000/- Physical & mental agony Rs. 1,00,000/- Rs. 1,00,000/- Artificial limb & future treatment etc. Rs. 2,00,000/- Rs. 2,00,000/- Healthy diet, transportation & assistance Rs. 50,000/- Rs. 1,00,000/- Marriage prospect Nil Rs. 1,00,000/- Loss of amenities Nil Rs. 50,000/- Total Rs. 15,20,192/- Rs. 20,25,184/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 15,20,192/- awarded by the Claims Tribunal is enhanced to Rs. 20,25,184/-. Hence, after deducting the amount of Rs. 15,20,192/-, the claimant is entitled for an additional amount of Rs. 5,04,992/-. The concerned respondent is directed to deposit the amount of 5 compensation as enhanced by this Court within a period of 3 months. 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. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok