1 2025:CGHC:26450 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 78 of 2017 1 - Devendra Kumar Sahu S/o Muniram Sahu, Aged About 39 Years R/o Shivaji Ward, Mungeli, P.S. City Kotwali, Tahsil And District Mungeli, Chhattisgarh ...............Claimant, Chhattisgarh ... Petitioner(s) versus 1 - Rajendra Kumar Bhoi S/o Vinod Kumar Bhoi, Aged About 26 Years R/o Jorapara, Sarkanda, Seepat Road, Bilaspur, P.S. Sarkanda, Tahsil And District Bilaspur, Chhattisgarh ...............Driver Of Vehicle Maruti Alto No. C.G.10/ F A/3678, Chhattisgarh 2 - Ragvendra Gupta S/o Late Nirmal Kumar Gupta, Aged About 32 Years R/o In Front Of Vijayapuram, Seepat Road, Bilaspur, P.S. Sarkanda, Tahsil And District Bilaspur, Chhattisgarh ...............Owner Of Vehicle Maruti Alto No. C.G.10/ F A/3678, District : Bilaspur, Chhattisgarh 3 - The New India Insurance Company Limited, Through Its Zonal Manager, Regional Office, In Front Of Rajeev Plaza, Old Bus Stand, Bilaspur, Tahsil And District Bilaspur, 2 Chhattisgarh ...............Insurer Of Vehicle Maruti Alto No. C.G.10/ F A/3678, District : Bilaspur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Pushkar Sinha, Advocate For Respondent(s) : Ms. Swati Agrawal, Advocate on behalf of Mr. Pankaj Agrawal, Advocate Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 20.06.2025 1. Challenge in this appeal is to an award dated 21.09.2016 passed by the 4th Additional Motor Accident Claims Tribunal, Bilaspur District Bilaspur (CG) in Claim Case No.453/2015, by which against a claim of Rs. 15,00,000/- made by the appellant/claimant, compensation of Rs. 6,58,500/- has been awarded on account of the injury sustained by the appellant/claimant in an accident which took place on 21.11.2014 by rash and negligent driving of offending vehicle Maruti Alto bearing Registration No. CG-10-FA/3678 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 by working as an LIC agent, monthly income of the appellant is Rs.4500/- and he sustained serious injuries in the aforesaid accident including special ablement and spent huge amount on his treatment, therefore, aforesaid 3 compensation was claimed. 3. Respondents No.1 & 2 driver and owner were remain ex-parte before the tribunal and submitted their written reply/submission. 4. Learned tribunal on the basis of above pleadings framed as many as 6 issues and issues No.1, 4, 5 and 6 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 4500/- though the appellant has also got permanent disability and certificate has been annexed as Ex.A/112 C issued by District Medical Board and award of compensation of Rs.6,58,500/- on all other head is also on the lower side, therefore, suitable enhancement may be made. 6. On the other hand, learned counsel appearing on behalf of respondent No.3 supports the award and submits that just compensation has been awarded. He goes on to submit that the disability has not been proved but tribunal has considered that the appellant has got serious injuries. 7. Heard the learned counsel for the parties, considered their rival submissions and perused the documents available on 4 record. 8. Though the Tribunal fell in error in considering the income of appellant to Rs.4,500/- only, therefore, considering the nature of job, minimum wages, this Court assess the monthly income of Rs.5,500/-. The claimant has not done any work at the time of his admission in the hospital, therefore for that period this Court grant three month income as compensation. The Tribunal has awarded compensation towards pain and suffering to the tune of Rs.10,000/- which is enhanced to Rs.50,000/- and also Rs.10,000/- has been awarded as special died. In light of the judgment passed by the Hon’ble Supreme Court in case of Rajkumar Vs. Ajay Kumar & Ors (2011) 1 SCC 343 this Court reassesses the compensation in the following manner:- Sn. No. Particular Awarded by this Court 1. Monthly income of the claimant 5,500/- 2. Loss of income at the time admission in hospital 5,500 x 3 = 16,500/- 3. For Pain and Suffering 50,000/- 4. Medical Treatment and medicine 6,20,000/- 5. Special Diet 10,000/- 6. Future Treatment 5,000/- For Transportation 5,000/- Total compensation Rs.7,06,500/- 9. The amount of compensation of Rs.6,58,500/- awarded by the 5 tribunal is enhanced to Rs.7,06,500/- Hence, after deducting the amount of Rs.6,58,500/-, the claimant is held entitled for an additional amount of Rs.48,000/-, the additional amount shall carry interest @ 6% per annum from the date of appeal i.e. 05.01.2017. 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