1 2025:CGHC:21729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 478 of 2025 The New India Assurance Company Limited Through Its Company Limited, Through Its Branch Manager, Bilaspur Branch Office-Old Bus Stand, In Front Of United Hospital, P.S. - City Kotwali, Tahsil And Distt.- Rajnandgaon, Chhattisgarh. ... Applicant (Respondent No. 3) versus 1 - Ugen @ Ishwar Patel S/o Jangluram Patel Aged About 26 Years R/o Vill.- Rewagahan, Post - Baldevpur, P.S. And Tahsil- Khairagarh, Distt.- Rajnandgaon, Chhattisgarh. (Now Distt. Khairagarh-Chhuikhadan-Gandai) 2 - Pravin Singh Rajput @ Pintu S/o Pushottam Singh Rajput Aged About 34 Years R/o Vill.- Singarpur, Pos, P.S. And Tah- Ghumka, Distt.- Rajnandgaon, Chhattisgarh. 3 - Harmit Singh Hora R/o Ward No. 60, Vishwa Vihar, Kutul Board, Nehru Nagar, P.S. And Post- Nehru Nagar, Tah.- Bhilai, Distt.- Durg, Chhattisgarh. ... Respondents _____________________________________________________________ For Applicant : Mr. Mohd. Azad Siddiqui, Advocate For Respondent No.1 : Mr. Yogesh Pandey, Advocate _____________________________________________________________ Hon'ble Smt Justice Rajani Dubey Order on Board Digitally signed by AMIT PATEL 2 09.05.2025 1. This MCC has been filed by the applicant for seeking modification in judgment dated 27.03.2025. 2. learned counsel for the applicant submits that while calculating the compensation, an amount of Rs. 76,656/- as loss of income has wrongly been added in the amount which was granted in various heads, whereas the amount of Rs. 10,42,521/- has already been awarded as loss of future income due to permanent disability as such the said amount of Rs. 76,656/- may kindly be reduced from the other amounts awarded in favour of the claimants. 3. Learned counsel for the respondent opposes the prayer of the applicant. 4. Heard learned counsel for the respective parties and perused the judgment passed by this Court. 5. This Court vide judgment dated 27.03.2025 passed in MAC 1599/2018 partly allowed the appeal filed by the claimants and observed in para 12 and 13 as under:- 12. Thus, the claimant is held to be entitled for compensation as under:- S.N o. Head Awarded by the Tribunal (Rs.) Awarded by this Court (Rs.) 1. For income Rs. 54,000/-p.a (4,500 p.m.x12) Rs. 76,656/- p.a. (Rs. 6,388 p.m.x12) 2. Multiplier 17 17 3. For loss of future income due to permanent disability (80%) Rs. 7,34,400/- ( 80% of 54,000 p.a.x17) Rs. 10,42,521/- (80% of 76,656 p.a. x 17) 4. For treatment and medicine Rs. 25,500/- 25,500/- 5. For Pain and Suffering Rs. 10,000/- Rs. 1,00,000/- 3 6. For Special Diet Rs. 5,000/- Rs. 25,000/- 7. For Attendant Rs. 3,000/- Rs. 25,000/- 8. For Conveyance Rs. 2,000/- Rs. 20,000/- 9. Repairing of accidental vehicle Rs. 3,000/- Rs. 3,000/- Total compensation awarded Rs. 8,36,900/- Rs. 13,17,677/- 13. On the basis of aforesaid discussion, the claimant/appellant is held entitled for a total compensation of Rs. 13,17,677/-. Since, the Claims Tribunal has already awarded Rs.8,36,900/-, after deducting the said amount, the claimant/appellant is entitled for enhanced amount of Rs. 4,80,777/-. This additional amount of compensation shall carry interest @ 6% p.a. from the date of filing of claim application till realization. The amount received by the claimant, if any, shall be adjusted in the enhanced sum. However, rest of the conditions of the impugned award shall remain intact.” 6. On perusal of the judgment the prayer of the applicant appears to be reasonable, therefore, the judgment passed in MAC 1599/2018 needs to be modified as under:- 7. Thus, the claimant is held to be entitled for compensation as under:- S.N o. Head Awarded by the Tribunal (Rs.) Awarded by this Court (Rs.) 1. For income Rs. 54,000/-p.a (4,500 p.m.x12) Nil 2. Multiplier 17 17 3. For loss of future income due to permanent disability (80%) Rs. 7,34,400/- ( 80% of 54,000 p.a.x17) Rs. 10,42,521/- (80% of 76,656 p.a. x 17) 4. For treatment and medicine Rs. 25,500/- 25,500/- 5. For Pain and Rs. 10,000/- Rs. 1,00,000/- 4 Suffering 6. For Special Diet Rs. 5,000/- Rs. 25,000/- 7. For Attendant Rs. 3,000/- Rs. 25,000/- 8. For Conveyance Rs. 2,000/- Rs. 20,000/- 9. Repairing of accidental vehicle Rs. 3,000/- Rs. 3,000/- Total compensation awarded Rs. 8,36,900/- Rs. 12,41,021/- 8. On the basis of aforesaid discussion, the claimant/appellant is held entitled for a total compensation of Rs. 12,41,021/-. Since, the Claims Tribunal has already awarded Rs.8,36,900/-, after deducting the said amount, the claimant/appellant is entitled for enhanced amount of Rs. 4,04,121/-. This additional amount of compensation shall carry interest @ 6% p.a. from the date of filing of claim application till realization. The amount received by the claimant, if any, shall be adjusted in the enhanced sum. However, rest of the conditions of the impugned award shall remain intact.” 9. Accordingly, the MCC is disposed of and the judgment dated 27.03.2025 passed in MAC No. 1599/2018 is modified to the extent indicated above. Sd/- (Rajani Dubey) Judge AMIT PATEL