1 2025:CGHC:27499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 535 of 2017 Smt. Gangi, W/o Hadma @ Adama, Aged About 45 Years, R/o Village Budadi Barupata, P.S. and Tahsil and District Sukma, Chhattisgarh --- Appellant Versus 1 - Kamlochan Kashyap, S/o Jayram Kashyap, Aged About 32 Years, R/o Village Keshlur Chalkiguda, P.S. Parpa Jagdalpur, District Bastar, Chhattisgarh 2 - Smt. Tammi Bai, W/o Motilal Gupta (Kola Seth), R/o Village and Post Chhindgarh P.S. and District Sukma, Chhattisgarh --- Respondents MAC No. 529 of 2017 Smt. Gangi, W/o Masa @ Deva, Aged About 40 Years, R/o Village Budadi Barupata, P.S. and Tahsil and District Sukma, Chhattisgarh ---Appellant Versus 1 - Kamlochan Kashyap, S/o Jayram Kashyap, Aged About 32 Years, R/o Village Keshlur Chalkiguda, P.S. Parpa Jagdalpur, District Bastar, Chhattisgarh 2 - Smt. Tammi Bai, W/o Motilal Gupta (Kola Seth), R/o Village and Post Chindgarh, P.S. and District Sukma, Chhattisgarh ... Respondents (Cause-title taken from Case Information System) For Appellants : Mr. Pravin Kumar Tulsyan, Advocate For Respondents : None YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.06.30 19:03:56 +0530 2 Hon’ble Shri Amitendra Kishore Prasad, Judge Judgment on Board 24.06.2025 1. Since both the appeals arise out of the same accident, they have been clubbed together, heard together and disposed of by this common judgment. 2. Challenge in these appeals is to the award dated 27.01.2016 passed by the Motor Accident Claims Tribunal, South Bastar Dantewada (C.G.) (hereinafter referred to as 'Claims Tribunal') in Claim Case No.442/2014 and Claim Case No.449/2014, respectively whereby learned Claims Tribunal allowed claim applications in part of the claimant and awarded Rs.10,000/- as compensation in both the cases. 3. MAC No.535/2017 and MAC No.529/2017 have been filed by the claimants, who are dissatisfied with the impugned award dated 27.01.2016 passed by the learned Claims Tribunal in case of personal injury sustained by them, as such, they are seeking enhancement of the award. 4. Brief facts of these appeals, in a nutshell, are that, on 02.02.2011, appellants/claimants were treavelling on a Vehicle bearing registration No.CG-18/D/0766 (hereinafter referred to as “offending vehicle”) and returning to their respective homes from Chhindgarh, at that relevant time, respondent No.1/non-applicant No.1 while driving the offending vehicle rashly and negligently 3 dashed the same with the electric pole, due to which, both of them were fell down and suffered injuries over their person. The injured persons were admitted to Primary Health Centre, Chhindgarh and later, they were referred to Maharani Hospital, Jagdalpur. Thereafter, matter was reported to Police Station Sukma and an offence under Sections 279, 337, 304 of the Indian Penal Code, 1860 was registered against the driver of the offending vehicle. 5. The claimant-Smt. Gangi has filed claim application No.442/2014 before the Claims Tribunal claiming compensation of Rs.7,31,000/- pleading therein that she was aged about 45 years on the date of accident and earning Rs.100/- per day. She further pleaded that in the accident, she has suffered permanent disability to the extent of 40% and she was hospitalized from 02.02.2011 to 15.02.2011 at District Hospital, Jagdalpur. 6. The claimant-Smt. Gangi has filed claim application No.449/2014 before the Claims Tribunal claiming compensation of Rs.7,78,000/- pleading therein that she was aged about 40 years on the date of accident and earning Rs.100/- per day. She further pleaded that in the accident, she has suffered permanent disability to the extent of 60% and she was hospitalized from 02.02.2011 to 16.02.2011 at District Hospital, Jagdalpur. 7. The learned Claims Tribunal after appreciating the claim applications as well as evidence on record in the claim cases, has awarded a sum of Rs.10,000/- while disallowing the permanent 4 disability sustained by the claimants to the extent of 40% and 60%, respectively. 8. Learned counsel for the appellant submits that the Claims Tribunal has committed error of law while disbelieving the permanent disability sustained by the claimants as they have suffered permanent disability to the extent of 40% and 60%, respectively, which has been confirmed by the Medical Board while issuing disability certificates and further examining the concerned doctor of the Medical Board, as such, the Claims Tribunal should have awarded appropriate amount of compensation while considering the permanent disability certificates. He further submits that since the offending vehicle was not insured, as such, the liability was fastened upon the owner and driver of the offending vehicle and they are ex-party before the Claims Tribunal. It has been contended that even if the income of the injured is not established, it should have been calculated according to the Minimum Wages Act, 1948 at the relevant point of time. As such, the appeals be allowed and compensation be enhanced suitably. 9. Notices were issued to respondents and the same were served upon the wife of respondent No.1 and also upon in person to respondent No.2, however, no one appears on behalf of them to contest the appeals even after service of notice. 10. I have heard and considered the submission advanced by learned counsel for the parties and perused the record of claim cases. 5 11. Insofar as the permanent disability is concerned, it has been proved that the appellants have suffered permanent disability to the extent of 40% and 60%, respectively, which has been proved by the Medical Board, this Court is of the opinion that learned Claims Tribunal has committed error of law in not considering the permanent disability suffered by the claimants to the extent of 40% and 60%, respectively. 12. The Court shall deal first with MAC No.535/2017 filed by the claimant. 13. Insofar as the income of the claimant at the time of accident is concerned, though there is no specific pleadings or any evidence in respect of income of the claimants, but looking to the fact that the accident occurred in the year 2011 and as per Minimum Wages Act, 1948, Rs.3,962/- was applicable and accordingly, annual income of the claimants would reckon to Rs.47,544/-. Since this Court is of the opinion that the appellant has suffered permanent disability to the extent of 40%, the annual loss of income comes to Rs.19,018/-. After applying the multiplier of 14 looking to the age of the claimant, the loss of income of the claimant comes to Rs.2,66,252/- In addition to the above, the claimant is further entitled to Rs.2,500/- towards pain and suffering as well as Rs.5,000/- towards special diet. 14. Therefore, the claimant would become entitled for total compensation of Rs.2,73,752/-. After deducting Rs.10,000/- as 6 awarded by the Claims Tribunal, the enhancement would be Rs.2,63,752/-. 15. Now, this Court shall proceed to decide MAC No.529/2017. 16. Insofar as the income of the claimant at the time of accident is concerned, though there is no specific pleadings or any evidence in respect of income of the claimants, but looking to the fact that the accident occurred in the year 2011 and as per Minimum Wages Act, 1948, Rs.3,962/- was applicable and accordingly, annual income of the claimants would reckon to Rs.47,544/-. Since this Court is of the opinion that the appellant has suffered permanent disability to the extent of 60%, the annual loss of income comes to Rs.28,526/-. After applying the multiplier of 14 looking to the age of the claimant, the loss of income of the claimant comes to Rs.3,99,364/- In addition to the above, the claimant is further entitled to Rs.2,500/- towards pain and suffering as well as Rs.5,000/- towards special diet. 17. Therefore, the claimant would become entitled for total compensation of Rs.4,06,864/-. After deducting Rs.10,000/- as awarded by the Claims Tribunal, the enhancement would be Rs.3,96,864/-. 18. In the result:- (i) MAC No.535/2017 filed by the claimant is partly allowed. The claimant shall be entitled to Rs.2,63,752/- in 7 addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 9% from the date of enhancement of the award till its realization. It is made clear that remaining amount of award shall be paid by the respondents No.1 and 2, driver and owner of the offending vehicle. (ii) MAC No.529/2017 filed by the claimant is partly allowed. The claimant shall be entitled to Rs.3,96,864/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 9% from the date of enhancement of the award till its realization. It is made clear that remaining amount of award shall be paid by the respondents No.1 and 2, driver and owner of the offending vehicle. 19. Record of the concerned Motor Accident Claims Tribunal be sent. Sd/- (Amitendra Kishore Prasad) Judge Yogesh