1 MAC No. 379 of 2022 2025:CGHC:43798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 379 of 2022  Raju Nishad S/o Babu Lal Nishad, Aged About 34 Years, R/o Ekta Samiti, Imli Bhatha, Arvind Nagar, Ward No. 55, Santosh Namdev Nagar, Thana Sarkanda, Tahsil/District Bilaspur, Chhattisgarh. ... Appellant versus 1. Laxmi Prasad Pali @ Raju Pali S/o Ramkumar Pali, Aged About 29 Years, R/o Imli Bhatha, Bandhwapara, Near Shiv Temple, Thana - Sarkanda, Tahsil/District Bilaspur Chhattisgarh. .........(Driver) 2. Anil Kumar Sahu S/o Satish Kumar Sahu, Aged About 31 Years, R/o Ward No. 45, Near Jaitstambh, Arvind Nagar, Bandhwapara, Thana Sarkanda, Tahsil/District Bilaspur Chhattisgarh. ...........(Owner) 3. Branch Manager, I.C.I.C.I. Lombard General Insurance Company Limited, Branch Office- 1st Floor, Gurukripa Tower, Near ICICI Bank, Vyapar Vihar Road, Bilaspur, Tahsil/District Bilaspur Chhattisgarh. ...........(Insurer) ... Respondents For Appellant :- Mr. Arvind Prasad, Advocate. For Respondent No.3 :- Mr. Suraj Patel, Advocate, on behalf of Mr. Shekhar Rao Ameen, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.29 16:47:39 +0530 2 MAC No. 379 of 2022 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 28.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant seeking enhancement in the amount of compensation, challenging the impugned award dated 30.10.2021 passed by the 6th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Motor Accident Claim Case No. 1276/2019, whereby learned Claims Tribunal has awarded a total sum of 14,85,000/- ₹ as compensation along with interest to the claimant as the claimant/appellant herein, who is a labour, in the accident had sustained injury on his left leg and due to the said injury his left leg had to be amputated. 2. Mr. Arvind Prasad, 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. The Claims Tribunal erred in assessing income of appellant as 8,000/- per month which should be 8,140/- as per ₹ ₹ 3 MAC No. 379 of 2022 Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. It is further contended that the Claims Tribunal has erred in awarding compensation under the heads of ‘transportation/special diet/pain & suffering and assitance’ which is required to be enhanced and, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Mr. Suraj Patel, learned counsel for the respondent No.3, would submit that the appellant/claimant has failed to prove his nature of occupation and income by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of the claimant on notional basis. 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 minutely. 5. Learned Claims Tribunal assessed the monthly income of appellant/claimant to be 8,000/-, however, in the opinion ₹ 4 MAC No. 379 of 2022 of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the appellant/claimant should be 8,140/- (as per minimum wages prescribed at ₹ relevant time) and 97,680/- per annum. Moreover, amount ₹ awarded under the heads of ‘transportation/special diet/assistant/physical and suffering’ is liable to be enhanced. This Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 8,000 x 12 = ₹ 96,000/- ₹ 8,140 x 12 = 97,680/- ₹ 2 Future Prospect (+)25% i.e. 24,000/- total income = 1,20,000/- (+)25% i.e. 24,420/- total income = 1,22,100/- 3. Loss of earning capacity (-) 85% of the early income i.e. ₹ 1,02,000/-(loss of earning capacity) (-) 85% of the total earning income i.e. ₹1,03,785/- (loss of earning capacity) 4. Multiplier (x) 14= ₹ 14,28,000/- (loss of earning capacity) (x) 14 = ₹ 14,52,990/- (loss of earning capacity) 5. Medical Bills ₹7,000/- ₹ 7,000/- 6. Pain & suffering, Special diet, Transportation 50,000/- ₹ ₹ 65,000/- 5 MAC No. 379 of 2022 7. Assistant Nill 24,000/- ₹ Total ₹ 14,85,000/- ₹ 15,48,990/- 6. In view of the aforesaid analysis, the amount of compensation of 14,85,000 ₹ /- awarded by the Claims Tribunal is enhanced to ₹15,48,990/-. Hence, after deducting the amount of 14,85,000 ₹ /-, the appellant is held to be entitled to an additional amount of 63,990/- ₹ . 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 @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 14.11.2019 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