1 MAC No. 406 of 2022 2025:CGHC:48645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 406 of 2022 1. Kailash Das Manikpuri S/o Jhaman Das Manikpuri, Aged About 30 Years, R/o Village Parsahi, Post Office Dhaniya, Police Station Sipat, District Bilaspur Chhattisgarh, Through Amicus Curie (Father) Jhaman Das Manikpuri S/o Late Harprasann, Aged About 53 Year, R/o Village Parsahi, Post Office Dhaniya, Police Station Sipat, District Bilaspur, Chhattisgarh. ... Appellant versus 1. Radhelal Rajak S/o Dayaram Rajak R/o Village Jhabar, Police Station Dipka., District Korba Chhattisgarh. At Present Mohammad Salim Meman, Purani Basti, Rani Road, Meman Jamat Khan; District Korba Chhattisgarh. (Driver Of The Vehicle Trailer No. C.G. -12/S. 4541). 2. Mohammad Salim Meman S/o Abdul Rajjak Meman, Purani Basti, Rani Road, Meman Jamat Khana, District Korba Chhattisgarh. (Owner Of The Vehicle Trailer No. C.G.-12/S. 4541). 3. United India Insurance Company Limited, Through Divisional Manager, Division Office Gurukripa Tower, 2nd Floor, Vyapar Vihar, Bilaspur, Tahsil & District Bilaspur, Chhattisgarh. (Insurer Of The Vehicle Trailer No. C.G. -12/S. 4541). ... Respondents For Appellant :- Mr. Anand Kesharwani, Advocate. For Respondent No.3 :- Mr. Dashrath Gupta, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.24 10:44:24 +0530 2 MAC No. 406 of 2022 SB- 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 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 20.01.2022 passed by the 6th Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 18/2019, whereby learned Claims Tribunal has awarded a total sum of ₹19,43,633/- as compensation along with interest to the injured claimant/appellant herein. 2. Mr. Anand Kesharwani, 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. He would also submit that the Claims Tribunal has erred in assessing the income of the injured claimant and also erred in awarding the amount under the other heads and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. Dashrath Gupta, 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 3 MAC No. 406 of 2022 income of by producing clinching and admissible piece of evidence and even otherwise, 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 precisely. 5. Learned Claims Tribunal assessed the monthly income of claimant to be ₹6,900/-, 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 (who was a driver) should be ₹8,100/- (as per minimum wages prescribed at relevant time) and ₹97,200/- per annum. Moreover, the Claims Tribunal has erred in awarding the amount under the other heads 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. Income ₹ 6,900 x 12 = ₹ 82,800/- ₹ 8,100 x 12 = ₹97,200/- 2. Future prospect (+) 40% = ₹33,120/- total income = ₹ 1,15,920/- (+) 40% = ₹38,880/- total income = ₹ 1,36,080/- 3. Loss of working capacity 85% = ₹ 98,532/- 85% = ₹1,15,668/- 4 MAC No. 406 of 2022 4. Multiplier (x) 17 = ₹ 16,75,044/- (x) 17 = ₹ 19,66,356/- 5. Loss of income/earning capacity ₹ 16,75,044/- ₹ 19,66,356/- 6. Medical Expenses ₹ 1,68,589/- ₹ 1,68,589/- 7. Pain & suffer, diet & travelling ₹1,00,000/- ₹2,60,000/- 8. Attendant Nil ₹50,000/- Total ₹ 19,43,633/- ₹ 24,44,945/- 6. In view of the aforesaid analysis, the amount of compensation of ₹19,43,633/- awarded by the Claims Tribunal is enhanced to ₹24,44,945/-. Hence, after deducting the amount of ₹19,43,633/-, the appellant is held to be entitled to an additional amount of ₹5,01,312/-. 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. 09.01.2019 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