1 2025:CGHC:45456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 527 of 2021 1 - Hidmo S/o Late Budhram Aged About 30 Years R/o Village Errakot Pandu Para, P. S. Darbha District Bastar Chhattigarh ... Appellant versus 1 - Santosh Nag S/o Lachhuram Nag Aged About 22 Years R/o Village Pakela Bhandaripara P. S. Chandgarh District Sukma Chhattisgarh ..........(Driver Of The Vehicle) 2 - Lachhuram S/o Late Nawal Nag Aged About 56 Years R/o Village Pakela Bhandaripara P. S. Chandgarh District Sukma Chhattisgarh ..........(Owner Of The Vehicle) 3 - Iffco Tokiyo Insurance Co. Shop No. 205, Flor M. M. Silvar Bhavan Ring Road No. 01 In Front Of Udhyog Bhavan Mahaveer Nagar Raipur Chhattisgarh ...........(Insurer Co. Of The Vehicle) ... Respondents For Appellant : Shri Vikash A. Shrivastava, Advocate For Respondent No.3 : Shri Pravesh Sahu, Advocate on behalf of Shri P.R. Patankar, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 1. Challenge in this appeal is to the award dated 23.6.2021 Digitally signed by GOPAL SINGH Date: 2025.09.12 16:19:19 +0530 2 passed by the Motor Accidents Claims Tribunal, Bastar at Jagdalpur in Claim Case No.244 of 2019. 2. By the impugned award, against a claim of Rs.42,91,000, the learned Claims Tribunal has awarded compensation of Rs.2,07,600 in favour of the appellant/claimant on account of the injuries and permanent disablement sustained by him in an accident occurred on 28.1.2018 by rash and negligent driving of the offending vehicle Bolero bearing registration No.CG 18 M 0761 by respondent No.1 owned by respondent No.2 and insured with respondent No.3. 3. A claim application under Section 166 of the Motor Vehicles Act, 1988 was filed by the appellant/claimant inter alia pleading that on account of the said accident, he sustained severe injuries including fracture in right leg and permanent disablement and spent a huge amount for his treatment and thereby claimed the above stated compensation. 4. The claim application was resisted by the respondents including the insurance company on various grounds taking a plea of violation of terms and conditions of the insurance policy. 5. Learned Claims Tribunal framed issues and decided the same in favour of the appellant/claimant and awarded the above stated compensation holding 45% permanent disability in right leg of the appellant/claimant. 6. Learned counsel for the appellant submits that the income of 3 the appellant/claimant was found by the learned Claims Tribunal to be Rs.6,000 per month, whereas looking to the minimum wages and nature of job, at least Rs.8,500 per month should have been taken by the learned Claims Tribunal. No future prospects has been added and compensation on all other admissible heads is also on lower side. 7. Learned counsel appearing for respondent No.3/insurance company supports the impugned award and submits that no documentary evidence is brought on record to substantiate the income and, therefore, no enhancement is required to be made. Compensation on all other admissible heads is also reasonable. 8. I have heard learned counsel appearing for the parties and perused the record with due care. 9. The date of accident is 28.1.2018. According to the pleadings, the appellant/claimant was a Mason and he was earning Rs.12,000 per month. Of course, there is no documentary evidence available on record, however, taking into consideration that vast people in this country work in unorganised sector and for which they may not have any documentary evidence to prove their income. Looking to the date of accident and the nature of job of the appellant/claimant and taking into consideration the submission made by learned counsel for the parties and on perusal of the material available on record, this Court 4 assesses the monthly income of the appellant/injured to Rs.8,000 per month. After adding 40% future prospects of Rs.3,200, monthly income comes to Rs.11,200 and yearly income comes to Rs.1,34,400. The Tribunal has found 15% disability towards loss of income, therefore, after considering the same, the yearly loss of income comes to Rs.20,160. After application of multiplier of 17, loss of dependency comes to (Rs.20,160 x 17 =) Rs.3,42,720. For attendance and nutritional diet Rs.7,000 is granted, for transportation Rs.2,000 is granted, for pain and suffering and enjoyment of life Rs.25,000 is granted. Thus, total compensation of Rs.3,76,720 is awarded. After deducting Rs.2,07,600 as awarded by the learned Claims Tribunal, the enhancement of Rs.1,69,120 in compensation is payable to the appellant/claimant. The enhanced amount of compensation shall be paid along with simple interest @ 6% per annum from the date of the claim application till making final payment. The aforesaid payment shall be made within a period of 60 days from the date of receipt of a copy of this order. Rest of the impugned award shall remain intact. 10. Thus, the appeal is partly allowed to the extent indicated above. Sd/- (Sachin Singh Rajput) JUDGE Gopal