1 MAC No. 673 of 2022 2025:CGHC:48648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 673 of 2022 1. Cheman Lal Yadav S/o Laxman Yadav, Aged About 35 Years, R/o Village Parsabuda, Tahsil Magarlod, District : Dhamtari, Chhattisgarh. ... Appellant versus 1. Basant Kumar S/o Narayan Sahu, Aged About 34 Years, (Driver); 2. Kailashnath S/o Pitambar Singh, Aged About 30 Years, (Owner); Both are R/o Village Belergaon, Tehsil Nagari And District Dhamtari Chhattisgarh. 3. Branch Manager, National Insurance Company Limited, 2nd Floor Mobin Mahal, Shahid Smark Bhawan G.E. Road Raipur, District : Raipur, Chhattisgarh. (Insurer). ... Respondents For Appellant :- Mr. A.L. Singroul, Advocate. For Respondent No.3 :- Mr. P.K. Tulsyan, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 22.09.2025 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 in the amount of ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.24 10:34:19 +0530 2 MAC No. 673 of 2022 compensation, challenging the impugned award dated 18.11.2021 passed by the Motor Accident Claims Tribunal, Dhamtari, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 09/2019, whereby learned Claims Tribunal has awarded a total sum of ₹3,51,810/- as compensation along with interest to the injured claimant/appellant herein. 2. Mr. A.L. Singroul, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal is absolutely unjustified in considering the disability of the claimant to the extent of 15% which should be 25%. He would further submit that the Claims Tribunal has also erred in assessing the income of the injured claimant and also erred in awarding the amount under the other heads, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. P.K. Tulsyan, learned counsel for respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the appellant has failed to prove the disability to the extent of 25% and even the compensation awarded by the Claims Tribunal is just and proper to the facts of the case and, therefore, the instant appeal deserves to be dismissed. 3 MAC No. 673 of 2022 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 5. The Claims Tribunal has taken loss of earning capacity to the extent of 15%, whereas, it ought to have taken 25% due to functional disability as per Dr. Vinod Kumar Pandey (AW-2), who examined the claimant and even as per the disability certificate (Ex.A-34) the claimant has suffered 40% disability. Dr. Vinod Kumar Pandey (AW-2) in his statement has clearly stated that bones of the right leg has wrongly been joint, due to which, chances of improvement is only 5 to 10% and, therefore, the loss of earning capacity must be 25%. Furthermore, the Claims Tribunal has wrongly assessed the income of the claimant to be ₹6,000/-, however, in 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 deceased should be ₹8,000/- (as per minimum wages prescribed at relevant time). Moreover, the Claims Tribunal has erred in awarding the amount under the under head which is liable to be enhanced and, therefore, the claimant will be entitled for the following compensation as computed by this Court:- 4 MAC No. 673 of 2022 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 6,000/- ₹ 8,000/- 2. Future prospect (+) 40% = ₹2,400/- total income = ₹6,000+2,400 =₹8,400 x 12 =₹ 1,00,800/- (+) 40% = ₹3,200/- total income = ₹ 8,000+3,200 = ₹11,200 x 12 = 1,34,400/- 3. Loss of working capacity 15% = ₹ 15,120/- 25% = ₹33,600/- 4. Multiplier (x) 16 = ₹ 2,41,920/- (x) 16 = ₹ 5,37,600/- 5. Loss of income/earni ng capacity ₹ 2,41,920/- ₹ 5,37,600/- 6. Medical Expenses ₹ 59,890/- ₹ 59,890/- 7. Transportati on Nil ₹5,000/- 8. Special Diet Nil ₹10,000/- 9. Pain & Agony ₹50,000/- ₹50,000/- 10. Loss of future medical expenses Nil ₹20,000/- 11. Assistant Nil ₹10,000/- 12. Loss of matrimonial Nil ₹20,000/- Total ₹ 3,51,810/- ₹ 7,12,490/- 6. In view of the aforesaid analysis, the amount of compensation of ₹3,51810/- awarded by the Claims Tribunal is enhanced to 5 MAC No. 673 of 2022 ₹7,12,490/-. Hence, after deducting the amount of ₹3,51,810/-, the appellant is held to be entitled to an additional amount of ₹3,60,680/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three 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. 03.01.2019 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit