1 (MAC No. 702 of 2023) 2025:CGHC:42918 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 702 of 2023 1 - Pustam Vishwakarma S/o Shri Gangadhar Vishwakarma Aged About 36 Years R/o Village - Borid, Police Station - Fingeshwar, District - Gariyaband, Chhattisgarh, At Present R/o Near Durga Mandir, Santoshi Nagar, Police Station - Tikrapara, Raipur, District - Raipur, Chhattigarh. (Claimant) --- Appellant(s) versus 1 - Prakash Singh Thakur S/o Shri Jashwant Singh @ Laxman Singh Thakur Aged About 42 Years R/o Ward No. 04, Nuwapada, Police Station And District - Nuwapada, (Orissa). (Driver And Owner Of The Offending Vehicle No. Cg - 26- A - 3536) 2 - The Oriental Insurance Company Limited, Through - Branch Manager, R/o Chowla Complex, Devendra Nagar Road, Sai Nagar, Raipur, District - Raipur, Chhattisgarh. (Insurer Of The Offending Vehicle No. Cg - 26- A -3536) --- Respondent(s) (Cause-title taken from the Case Information System) For Appellant :- Mr. Balraj Gupta, Advocate on behalf of Mr. Pushpendra Kumar Patel, Advocate Respondent No.2 :- Mr. Akash Shrivastava, Advocate on behalf of Mr. R.N. Pusty, Advocate ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.28 11:05:15 +0530 2 (MAC No. 702 of 2023) SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.08.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 27.02.2023 passed by learned VIII Additional Motor Accident Claims Tribunal, Raipur, District Raipur, Chhattisgarh in Claim Case No.223/2021, whereby an amount of Rs. 9,18,040/- has been awarded as compensation to the appellant/claimant for the injuries sustained by him in a motor accident. 2. Learned counsel for the appellant would submit that the appellant has suffered fracture in right femur bone and rod has been inserted in his leg and there is no movement in joint of right knee and back bone and he has suffered 40% permanent disability, for which the learned Claims Tribunal has awarded Rs. 9,18,040/- as compensation, which deserves to be enhanced, as just and proper compensation has not been awarded. 3. Learned counsel for the insurance company/respondent No.2 would submit that the amount of compensation 3 (MAC No. 702 of 2023) awarded by the learned 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 with utmost circumspection. 5. Learned Claims Tribunal has assessed the monthly income of the injured to be Rs.7,800/- per month, however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh for unskilled labour, the monthly income of the injured should be Rs.8,960/- per month. 6. In view of the above, this Court is computing the compensation as below :- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs.7,800/- Rs. 8,960/- Future prospects @ 40% Rs. 3120 + 7,800 = Rs.10,920/- Rs.3,584+ 8,960 = Rs. 12,544/- Yearly income Rs.10,920/- x 12 =1,31,040/- Rs. 12,544/- x 12 =1,50,528/- 40% permanent disability considered by the Tribunal 40% of 1,31,040/- = Rs.52,416/- 40% of 1,50,528/- = Rs.60,211/- 4 (MAC No. 702 of 2023) Multiplier of 15 Rs. 7,86,240/- Rs. 9,03,165/- Medical expenses Rs. 25,000/- Rs. 25,000/- Transportation Rs.5,000/- Rs.10,000/- Special Diet Rs.10,000/- Rs.10,000/- Assistance Rs.10,000/- Rs.10,000/- Loss of income during treatment Rs.7,800 x 6 (for 6 months) = Rs.46,800/- Rs.8,960 x 6 (for 6 months) = Rs.53,760/- Pain and agony Rs.25,000/- Rs.50,000/- Future medical treatment Rs.10,000/- Rs.10,000/- Total Rs. 9,18,040/- Rs. 10,71,925/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 9,18,040/- awarded by the Claims Tribunal is enhanced to Rs. 10,71,925/-. Hence, after deducting the amount of Rs. 9,18,040/-, the appellant/claimant is entitled for an additional amount of Rs. 1,53,885/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 8% 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. 5 (MAC No. 702 of 2023) 8. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 9. Let a certified copy of this order be transmitted to the concerned Motor Accident Claims Tribunal for necessary information and action, if any. Sd/- (Sanjay K. Agrawal) Judge @d!t!