NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.A.(C) No. 948 of 2020 Rahul Nag, S/o Krishna Kumar Nag, aged about 20 Years, R/o Ward No. 8, Uparpara, Antagarh, Tahsil Antagarh, District North Bastar Kanker Chhattisgarh., District : Kanker, Chhattisgarh --- Appellant Versus 1. Devendra Dehari, S/o Dhanwant Sai Dehari, aged about 22 Years, R/o Purani Basti Bandhe, District North Bastar Kanker Chhattisgarh At Present R/o Police Colony Bairan Bazar, Raipur, Tahsil And District Raipur Chhattisgarh. (Driver) 2. Manish Dehari, S/o Dhanwant Sai Dehari, aged about 26 Years, R/o Purani Basti Bandhe, District North Bastar Kanker Chhattisgarh At Present R/o House No. 30, Behind Mahila Thana, Police Officer Colony, Raipur, Tahsil And District Raipur Chhattisgarh. (Owner) 3. The Oriental Insurance Company Limited, Through - Branch Manager, Office At M. B. Trade Nagar, Near Ghadi Chowk, Dhamtari, Tahsil And District Dhamtari Chhattisgarh. (Insurer), District : Dhamtari, Chhattisgarh --- Respondents For Appellant : Shri Praveen Dhurandhar, Advocate. For Respondent No. 1 & 2 : Shri Anand Kumar Gupta, Advocate. For Respondent No. 3 : Shri Deepak Gupta, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 03 /09/2025 1. This appeal has been filed by the appellant / claimant under section 173 of the Motor Vehicle Act (for short (MV Act) being aggrieved by the award dated 27/02/2020 passed by the Additional Motor Accident Claims Tribunal, Bhanupratappur, District – Uttar Bastar-Kanker (C.G.) in Claim Case No. 11/2019. 2. By the impugned award, against the claim of Rs.31,00,000/-, the learned Tribunal has awarded compensation of Rs.09,59,444/- partly allowing an application under section 166 of MV Act filed by the appellant / claimant on account of injuries sustained by him in an accident that took place on 28/08/2018 by rash and negligent driving of the offending ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.09.22 11:39:57 +0530 -2- vehicle Hyundai Car I20 bearing registration No. CG-04/LF-2030 by respondent No. 1 / driver, owned by respondent No.2/owner and insured with the respondent No. 3 / Insurance company. 3. As per pleadings of the claim application, on 24/02/2015 appellant along with his friends returning to their home Antagadh by Car, as they reached near Jaitaal Turnining, at that time driver of the offending vehicle dashed the Tree as a result appellant sustained severe injuries. He was admitted at MMI, Naryana Hospital, Raipur where he was admitted and treated for 25 days. He spent huge amount for the treatment and the above stated compensation was claimed. 4. The application was resisted by respondent No.3/Insurance Company that due to self negligent accident has occurred and pleaded that there is a violation of terms and conditions of the Insurance Policy. 5. The learned Tribunal framed five issues on the basis of above broad pleadings and decided the same in favour of the appellant / claimant and awarded the above stated compensation. 6. Learned counsel for the appellant / claimant submits that income of appellant is assessed on the lower side. He submits that meager amount of compensation has been awarded under all other conventional head like attendant, transportation, nutritional diet, future medical treatment etc. which may suitably be enhanced by this Court. 7. Learned counsel for respondent No. 3 / Insurance Company supports the award and submits that the appellant / claimant just compensation has been awarded. 8. Heard learned counsel for the parties, considered their rival submission and also perused the record with utmost circumspection. 9. Considering the evidence available on record, disability whole life of the appellant is ahead, functional disability is assessed to the tune of 25% and taking into consideration the nature of injuries, permanent disability caused; minimum wages, nature of job, this court is reassessing the compensation in the following manner:- -3- S.No. Head Amount 1. Monthly income of the appellant Rs.7000/- 2. 40% future prospects Rs.2800/- 3. Monthly Income Rs.9800/- 4. Yearly Income Rs.1,17,600/- (9800 x 12) 5. For loss of earning 25% Rs.29400/- (117600 X 25%) 6. Multiplier of 18 to be applied Rs.529200/- (29400 X 18) 7. Medical Treatment Rs.70,4944/- 8. Nutritional Diet and Attendant Rs.20,000/- 9. Transportation Rs.10,000/- 10. Mental & Physical agony Rs.25,000/- Total compensation Rs.12,89,144/- 10. After deducting Rs.09,59,444/- as awarded by learned Tribunal, the appellant / claimant held entitled for enhanced compensation of Rs.3,29,700/- along-with 6% interest from the date of appeal i.e. 05/08/2020 to be paid by respondent No. 3 / Insurance Company within 60 days from the receipt of copy of this order 11. After deposit, 75% shall be invested in the name of appellant as fixed deposit in a Nationalized Bank for a period of 2 years. Remaining amount shall be paid to appellant by bank transaction / account payee cheque. 12. In the result, the appeal is allowed in part with modification in the award impugned to the above extent. Sd/--/-/-/- Sd/- (Sachin Singh Rajput) Judge Ashish