1 MAC No. 950 of 2018 2025:CGHC:23493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 950 of 2018 1 - Anjori Kosre S/o Sagru Ram Kosre, Aged About 35 Years R/o Village Lanjhiyatola, P.S. Tahsil Chuikhadan, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Petitioner(s) versus 1 - Naiem Khan S/o Dilavar Khan, Aged About 45 Years R/o Ward No. 13, Varasioni, P.S. Tahsil Varaseoni, District Balaghat (Madhya Pradesh) Presently R/o Ward No. 6, Infront Of Krishna Temple, Tamer Para, Kailash Nagar, Gandie, P.S. Gandaie, District Rajnandgaon (Chhattisgarh)........Driver, District : Balaghat, Madhya Pradesh 2 - Minesh Kumar Tamrakar, S/o Late Shri Ramprashad Tamrakar, Aged About 35 Years R/o Village Perpoudi, Post Saja, District Bemetara (Madhya Pradesh) Presently R/o Ward No. 6, Infront Of Krishna Temple, Tamer Para, Kailash Nagar, Gandie, P.S. Gandaie, District Rajnandgaon (Chhattisgarh).........Owner 3 - The Oriental Insurance Company Ltd, Through Its Branch 2 MAC No. 950 of 2018 Manager, Office At Near Lic Office, Near Railway Station, Tahsil District Rajnandgaon (Chhattisgarh).........Insurance Company, District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Richa Pandey, Advocate For Respondent(s) : Mr. Akash Shrivastava, Advocate on behalf of Mr. R. N. Pusty, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 12.06.2025 1. Challenge in this appeal is to an award dated 24.02.2018 passed by the Additional Motor Accident Claims Tribunal, Khairagarh District Rajnandgaon (CG) in Claim Case No.86/2015, by which against a claim of Rs. 14,86,000/- sought by the appellant/claimant, compensation of Rs. 2,96,000/- has been awarded on account of the injury sustained by the appellant/claimant in an accident which took place on 16.08.2015 by rash and negligent driving of offending vehicle, Bus bearing registration No. CG-08-M/0132 by his driver/respondent No.1, owned by respondent No.2/owner and insured with respondent No.3/insurance company. 2. As per claim application, at the time of said accident, the appellant/claimant was aged about 35 years and by working as a driver of tractor, monthly income of the appellant was 3 MAC No. 950 of 2018 Rs.12,000/- and he sustained serious injuries in the aforesaid accident including special ablement and spent huge amount on his treatment, therefore, aforesaid compensation was claimed. Now due to permanent disability to the extent of 60%, he is unable to work as a driver. In fact, the said disability is a functional disability to the extent of 100%. 3. Respondents No.1 & 2 driver and owner were remain ex-parte before the tribunal and have not submitted any written reply/submission. 4. Learned tribunal on the basis of above pleadings framed as many as 5 issues which have been decided in favour of claimant/appellant. 5. Learned counsel appearing on behalf of the appellant/ claimant argued that the monthly income has wrongly been assessed as 3500/-. Though the disability certificate of 60% has been annexed as Ex.P/61 issued by District Medical Board Rajnandgaon, C.G. but without considering the same and award of compensation of Rs.2,96,000/- on all other head is also on a very lower side, therefore, suitable enhancement may be made. 6. On the other hand, learned counsel appearing on behalf of 4 MAC No. 950 of 2018 respondent No.3 supports the award and submits that just compensation has been awarded. 7. Heard the learned counsel for the parties, considered their rival submissions and perused the documents available on record. 8. Though the disability certificate has been filed to the tune of 60% which was issued by medical Board as Ex.P/61, the Tribunal fell in error in considering the income of appellant to Rs.3000/- only, therefore, considering the nature of job, minimum wages, this Court assess the monthly income of Rs.6000/-. Further, since no amount has been awarded towards future prospect as such the same is also required to be given. Accordingly, in light of the judgment passed by the Hon’ble Supreme Court in case of Rajkumar Vs. Ajay Kumar & Ors.1 this Court reassesses the compensation in the following manner:- Sn. No. Particular Awarded by this Court 1. Annual Income of the Appellant 72,000/- (6,000/- x 12) 2. Future Prospect (40% of the annual income) 28,800/- (72,000/-x40%) 3. Total Annual Income 1,00,800/- 4. Loss of income due to 60% 60,480/- 1 Reported in (2011) 1 SCC 343 5 MAC No. 950 of 2018 disability 5. Multiplier of x16 (total loss of income) 9,67,680/- (60,480/- x 16) 6. Medical Treatment and medicine 1,12,000/- 7. For Pain and Suffering 2,00,000/- 8. Special Diet and Transportation 15,000/- 9. For Attendant 5,000/- Total compensation Rs.12,99,680/- 9. The amount of compensation of Rs.2,96,000/- awarded by the tribunal is enhanced to Rs.12,99,680/- Hence, after deducting the amount of Rs.2,96,000/-, the claimant is held entitled for an additional amount of Rs.10,03,680/-, the additional amount shall carry interest @ 9% per annum from the date of appeal i.e. 15.05.2018. The respondent No.3 is directed to pay the enhanced amount of compensation within 60 days. 10. Accordingly, the appeal is allowed in part. Sd/- (Amitendra Kishore Prasad) Judge Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA