1 2025:CGHC:37013 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 485 of 2022 Bheduram Mirchi S/o Late Shri Haridas Mirchi Aged About 60 Years R/o Village Amavash, Police Station Tumgaon, District Mahasamud Chhattisgarh. … Appellants versus 1 - Digeshwar Satyam S/o Shivda Aged About 30 Years R/o Village Amavash, Police Station Tumgaon, District Mahasamund Chhattisgarh (Driver Of Vehicle Motor Cycle No. Cg-06 Gn-9050). 2 - Hemant Satnami S/o Satyanarayan Aged About 31 Years R/o Village Belsonda, District Mahasamund Chhattisgarh. (Owner Of Vehicle Motor Cycle No. Cg-06 Gn- 9050) 3 - Branch Manager Tata A.I.G. Grneral Insurance Company Ltd. Wallfort Ozone, 1st Floor, Office No. 106-7, Bilaspur Road, Near Fafadih Chowk Raipur, Tahsil And District Raipur Chhattisgarh. (Insurance Company Of Vehicle Motor Cycle No. Cg-06 Gn-9050). ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.07.31 11:01:05 +0530 2 For Appellant :Mr. Kripesh G. Kela, Advocate For Respondents No. 1 & 2 :Mr. Narayan Prasad, Advocate For Respondent No. 3 :Ms. Harneet Kaur, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07 .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 of amount of compensation, challenging the impugned award dated 03/01/2022 passed by learned 1st Additional Motor Accident Claim Tribunal, Mahasamund in Claim Case No. H-62/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 1,16,925/- as compensation. 2. Facts of the case relevant for disposal of this appeal are that on 11/08/2020 at about 02:30 PM, the appellant herein was returning home after working in the field when a motorcycle Super Splendor bearing Registration No. CG 06 G.N. 9050, which was being driven by respondent No. 1 in a rash and negligent manner, dashed the appellant and caused the accident due to which he suffered grievous injuries and his right leg got fractured after which he was 3 taken to Sai Naman Hospital, Tumgaon wherein he remained hospitalized from 11/08/2020 till 18/08/2020. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that on account of rash and negligent driving of respondent No. 1, accident occurred and the appellant herein suffered grievous injuries and breach of insurance policy was not found proved and awarded Rs. 1,16,925/- as compensation to the appellant. 4. 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. Claims Tribunal erred in assessing income of deceased as Rs. 4,000/- per month which should be Rs. 7,000/- per month, therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 5. Learned counsel for the respondents would submit that the Tribunal is justified in assessing income of deceased on notional basis and the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7. Learned Claims Tribunal assessed the monthly income of appellant to be Rs. 4,000/- and granted 10% as future prospect; Rs. 87,925/- as medical expenses, Rs. 5,000/- for nutritious food, Rs. 5,000/- for travelling expenses, Rs. 5,000/- for attendant fees and Rs. 10,000/- for mental agony and pain which totals to Rs. 1,16,925/- with an interest of 6 % per annum, however, after going through the record, I am of the considered opinion that grant of Rs. 50,000/- as additional compensation would make the compensation already granted as just and proper compensation. 8. In view of the aforesaid analysis, the amount of compensation of Rs. 1,16,925/- awarded by the Claims Tribunal is enhanced to Rs. 1,66,925/-. Hence, after deducting the amount of Rs. 1,16,925/-, the appellant is held entitled for an additional amount of Rs. 50,000/-. The Respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 5 8% per annum from the date of filing of claim application before the Tribunal i.e. 26/02/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 9. 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 Harneet