1 MAC No. 345 of 2022 2025:CGHC:48825 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 345 of 2022  Renu Jaisawal D/o Late Lallan Jaisawal, Aged About 19 Years, Ambedkar Nagar Ward No. 19 Subhash Chowk Dalli Rajhara District Balod Chhattisgarh. ... Appellant versus 1. Ganesh Kumar Verma S/o Late Sauravi Mahto, Aged About 42 Years, Indira Nagar Hathkhoj Near Bazar Chowk Bhilai-3 Durg, District Durg, Chhattisgarh (Driver). 2. Smt. Balvindar Kaur, Aged About 45 Years, R/o 3/60 Transport Nagar Hathkhoj, Police Station Bhilai-3, Durg, District Durg Chhattisgarh, Also R/o House No. 1194-1195 Dhancha Bhawan, Kurud, Police Station Jamul, District Durg Chhattisgarh . (Owner). 3. Branch Manager, National Insurance Company Limited, Branch-1, Bhutani Complex, G.E. Road, Power House, Bhilai, District Durg Chhattisgarh. (Insurer). ... Respondents For Appellant :- Ms. Vartika Shrivastava, Advocate on behalf of Mr. P.R. Patankar, Advocate. For Respondent No.3 :- Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N. Pusty, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 23.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.24 16:29:32 +0530 2 MAC No. 345 of 2022 appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 26.11.2021 passed by the 4th Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 350/2018, whereby learned Claims Tribunal has awarded a total sum of 7,24,184/- ₹ as compensation along with interest to the injured claimant/appellant herein. 2. Ms. Vartika Shrivastava, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. She would also submit that the Claims Tribunal has erred in assessing the income of the injured claimant and on account of which, in awarding the amount under the head of loss of income for one year and also erred in awarding the less amount under the heads of attendant and future medical expenses and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. Akash Shrivastava, learned counsel for respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the appellant has failed to prove his nature of occupation and income of by producing clinching and admissible piece of evidence and even otherwise, the amount of 3 MAC No. 345 of 2022 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 precisely. 5. Learned Claims Tribunal assessed the monthly income of claimant to be 4,000/-, 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 claimant should be 8,000/- (as per minimum wages ₹ prescribed at relevant time) and, therefore, loss of income of the claimant for one year is to be 96,000/-. Moreover, the Claims ₹ Tribunal has erred in awarding the less amount under the heads of attendant and future medical expenses which is liable to be enhanced and, therefore, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of income ₹ 4,000 x 12 = ₹ 48,000/- ₹ 8,000 x 12 = ₹96,00 /- 2. Medical expenses ₹2,65,684/- 2,65,684/- ₹ 3. Attendant ₹10,500/- 25,000/- ₹ 4. Special diet and conveyance ₹50,000/- 50,000/- ₹ 5. Pain and suffering ₹ 1,00,000/- ₹ 1,00,000/- 4 MAC No. 345 of 2022 6. Loss of marriage prospect ₹ 2,00,000/- ₹ 2,00,000/- 7. Future medical expenses ₹50,000/- 1,00,000/- ₹ Total ₹ 7,24,184/- ₹ 8,36,684/- 6. In view of the aforesaid analysis, the amount of compensation of ₹7,24,184/- awarded by the Claims Tribunal is enhanced to ₹8,36,684 /-. Hence, after deducting the amount of ₹7,24,184/-, the appellant is held to be entitled to an additional amount of ₹1,12,500/-. 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 @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 26.06.2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. 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