1 2025:CGHC:44052 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 48 of 2023 Krishna Pradhan S/o Vichitra Pradhan Aged About 24 Years R/o Ward No. 31, Near Maurya Shishu Vidhyalaya, Durga Mandir, New Khursipar Bhilai, Tahsil And District- Durg, Chhattisgarh ... Appellant versus 1 - Gagandeep Singh S/o Ramlovaya Singh Aged About 26 Years R/o Sharda Para, J.P. Chowk, Bhilai, Police Station- Chawani Bhilai, District- Durg, Chhattisgarh, Permanent Address- Village- Pinod, Police Station- Gadhi, District- Namasahar (Punjab) (Driver Of Trailer No. C.G./07/b.G./8607) 2 - M/s Dalbeer Singh And Sons Through Propritor Plot No. 48/5, Transport Nagar, Hathjhoj Bhilai, Tahsil And District- Durg, Chhattisgarh (Registered Owner Of Trailer No. C.G./07/b.G./8607) 3 - The New India Insurance Company Limited Through Divisional Manager, Chauhan Estate, Near Maurya Talkise, G.E. Road, Bhilai, Tahsil And District- Durg, Chhattisgarh. (Insurance Company Of Trailer No. C.G./07/b.G./8607) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.09 14:30:31 +0530 2 For Appellant :Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 :Mr. Priyanshu Gupta, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.08.2025 1. The appellant/claimant has preferred this appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter, “the Act of 1988”) seeking enhancement of compensation, challenging the impugned award dated 30/09/2022 passed by learned 1st Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 105/2021 whereby Rs. 2,60,566/- has been awarded as compensation for the injuries suffered by the appellant/claimant. 2. Mr. Praveen Dhurandhar, learned counsel for the appellant, would submit that the Claims Tribunal has assessed the income of the appellant to be Rs. 8,000 per month, however, it should be Rs. 8,320/- as per the minimum wages prevailing at the time of the accident, moreover, instead of Rs. 10,000/- under mental and physical agony, Rs. 25,000/- ought to have been awarded and Rs. 5,000/- more ought to have awarded under healthy diet, as such, the compensation awarded by the Claims 3 Tribunal may suitably be enhanced as the Claims Tribunal has assessed the permanent disability to the extent of 4%, however, the disability certificate issued by the Doctor is of 12% (Ex. P/45). 3. Mr. Priyanshu Gupta, learned counsel for respondent No. 3, would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not need to be enhanced, as such, the instant appeal is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Learned Claims Tribunal, after evaluation of oral and documentary evidence available on record, has proceeded to grant a compensation of Rs. 2,60,566/- to the appellant/claimant, however, the monthly income has wrongly been assessed by the Claims Tribunal as Rs. 8,000/-. It ought to be Rs. 8,320/- as per the minimum wages at the relevant time. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as below:- 4 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of earning due to disability Rs. 8,000 x 12 = Rs. 96,000/- + 40% = Rs. 1,34,400/- x 4% = Rs. 5,376 x 18 = Rs. 96,768/- Rs. 8,320 x 12 = Rs. 99,840 + 40% = Rs. 1,39,776/- x 4% = Rs. 5591 x 18 = Rs. 1,00,638/- 2. Loss during treatment for two months Rs. 8,000 x 2 = Rs. 16,000/- Rs. 8,320/- x 4 = Rs. 33,280/- 3. Future treatment Rs. 45,000/- Rs. 45,000/- 4. Vehicle repair expenses Rs. 10,000/- Rs. 10,000/- 5. Mental and physical agony Rs. 10,000/- Rs. 25,000/- 6. Healthy diet Rs. 10,000/- Rs.15,000/- 7. Loss of amenities in life Not awarded Rs. 10,000/- 8. Medical bills Rs. 72,798/- Rs. 72,798/- 9. Attendant Charges Not awarded Rs. 10,000/- 10. Transportation Not awarded Rs. 10,000/- Total Rs. 2,60,566/- Rs. 3,31,716/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 2,60,566/- awarded by the Claims Tribunal is enhanced to Rs. 3,31,716/-. Hence, after deducting the amount of Rs. 2,60,566/-, the appellant is held entitled for an additional amount of Rs. 71,150/-. The Respondents are directed to deposit the amount of compensation as enhanced by this Court within a period of 5 3 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. 25/01/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 8. Accordingly, this appeal is allowed and the amount of compensation is enhanced to the extent indicated herein- above. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet