1 MAC No. 453 of 2023 2025:CGHC:49265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 453 of 2023  Prem Bai W/o Panch Ram, Aged About 42 Years, R/o Salihabhatha, Thana - Urga, Tahsil-Kartala, District-Korba Chhattisgarh. (Claimant) ... Appellant versus 1. Sanjay Singh S/o Ram Prasad Singh, Aged About 37 Years, R/o Katainar, Kusmunda, C/o House Of Moh. Husain Post- Office Bankimongara, District-Korba Chhattisgarh (Driver Of The Offending Haiwa No. C. G. 10/C/1726). 2. Bhavani Shankar Agrawal S/o Suresh Kumar Agrawal, R/o Byapar Vihar Bilaspur, Chhattisgarh, Presently Address Vikash Nagar, Kusmunda, Tahsil Katghora, District-Korba Chhattisgarh (Owner Of The Offending Haiwa No. C. G. 10/C/1726). 3. National Insurance Company Limited, Through National Insurance Company Limited, Kosabadi-Korba, District- Korba, Chhattisgarh (Insurer Of The Offending Haiwa No. C.G. 10/C/1726). ... Respondents For Appellant :- Mr. A.L. Singroul, Advocate. For Respondent No.2 :- Mr. Vijay Kumar Sahu, Advocate. For Respondent No.3 :- Mr. Akash Shrivastava, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.26 13:08:14 +0530 2 MAC No. 453 of 2023 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 25.09.2025 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 30.07.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Korba, District Korba, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 79/2016, whereby learned Claims Tribunal has awarded a total sum of 88,056/- ₹ as compensation along with interest to the injured claimant/appellant herein. 2. Mr. A.L. Singroul, 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 claimant and also as per the report, temporary disability sustained by the claimant is to the extent of 15% which the Claims Tribunal has considered to be 6% while awarding the compensation amount. He would further submit that the Claims Tribunal is unjustified in not granting and also in 3 MAC No. 453 of 2023 granting less amount under the other conventional heads and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. V.K. Sahu, learned counsel for respondent No.2, would submit that the owner is not liable to pay the compensation amount. 4. Mr. Akash Shrivastava, learned counsel for respondent No.3/Insurance Company, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 6. The Claims Tribunal has assessed the income of the claimant to be 5,860/- ₹ 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 deceased should be ₹6,000/- (as per minimum wages prescribed at relevant time) and further considering the facts and circumstances of the case and the nature of temporary 4 MAC No. 453 of 2023 injury sustained by the claimant to the extent of 15%, it would be appropriate to grant as well as enhance award amount under the other different heads. As such, 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 during treatment ₹5,860 x 4 = 23,440/- ₹ ₹6,000 x 4 = 24,000/- ₹ 2. Medical Expenses ₹7,216/- 7,216/- ₹ 3. Pain and suffering ₹25,000/- 25,000/- ₹ 4. Special diet ₹1,200 5,000/- ₹ 5. Transportation ₹5,000/- ₹ 5,000/- 6. Attendant charge ₹1,200/- ₹ 2,000/-/- 7. Replacement of teeth ₹20,000/- 20,000/- ₹ 8. Loss of anticipation ₹5,000/- 5,000/- ₹ 9. Future medical expenses Nil 10,000/- ₹ 10. Loss of amenities Nil 10,000/- ₹ 11. Loss of mental agony Nil 5,000/- ₹ 12. Loss of enjoyment Nil 10,000/- ₹ Total ₹88,056/- ₹ 1,28,216/- 7. In view of the aforesaid analysis, the amount of compensation of ₹88,056/- awarded by the Claims 5 MAC No. 453 of 2023 Tribunal is enhanced to 1,28,216 ₹ /-. Hence, after deducting the amount of ₹88,056/-, the appellant is held to be entitled to an additional amount of ₹40,160/-. However, in light of decision of the Supreme Court in the matter of Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd. 1 the Insurance Company is liable to pay the amount of compensation to the claimant and thereafter, entitle to recover the same from the owner and driver of the offending vehicle. The Insurance Company is directed to deposit the amount of compensation 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, 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 1 (2018) 7 SCC 558