1 2025:CGHC:45465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1349 of 2019 1 - Chabileshwar Panigrahi S/o Hariprashad Panigrahi Aged About 29 Years , R/o House No. 53 Village Aasna Thasil And District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Appellant versus 1 - Kausar @ Ausar Ali S/o Aagar Ali Aged About 48 Years R/o Present Add. Gazi Nagar, Birgaon Police Station Urla District Raipur Parmanent Add. Moudaha Para District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - M/s Dubey Trevels G - 59 Heera Complex New Bus Stand Pandri Raipur , Post Office Raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Through Branch Manager, The Oriental Insurance Company Limited, Branch Office - Laxman Avenue Near Sahid Garden Jagdalpur, District Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Appellant : Mr. Vikas Shrivastava, Advocate For Respondent Nos. 1 & 2 : Ms. Anushree Rajput on behalf of Mr. Akash Kundu, Advocate For Respondent No. 3 : Ms. M. Asha, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 04/09/2025 This appeal under Section 173 of the Motor Vehicle Act, 1988 (for short MV Act) has been filed challenging the award dated 04.04.2019 passed in Claim Case No. 40/2018 by the 1st Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar, CG by which against a claim of Rs. 22,00,000/-, the learned Tribunal has 2 awarded a compensation of Rs. 3,70,816/- on account of injuries sustained by the appellant in an accident that took place on 21.04.2017 by the offending vehicle Bus bearing registration No. CG 4 E 3682 driven by respondent No. 1 / driver, owned by respondent No. 2 / owner and insured with the respondent No. 3 / insurance company. 2. As per pleadings of the claim application as a result of the aforesaid accident, the appellant / claimant has suffered severe injuries including multiple fractures and he spent considerable amount on his treatment. 3. The claim application was resisted by the respondents on various grounds and denied the averments of the claim application and respondent No. 3 / insurance company pleaded that there is violations of terms and conditions of the insurance policy. The learned Tribunal framed issues on the basis of the pleadings and decided the same in favour of the claimant and awarded the above stated compensation. 4. Learned counsel for the appellant / claimant vehemently argued that the income of the appellant / claimant taken by the Tribunal is on the lower side. Likewise, the compensation awarded on other admissible heads is also stated to be on the lower side, therefore, the award may suitably be modified. 5. Learned counsel for the respondents supports the award and submits that the just compensation has been awarded. 6. Heard the learned counsel for the parties, considered their rival submissions and perused the record. 7. The Tribunal found the monthly income of the appellant/claimant to Rs.8,000/-. The date of accident on 21.04.2017. The appellant/claimant was aged about 29 years and according to him he was a manager at J. K. World School, Jagdalpur. Taking into consideration the evidence available on record; this finding is affirm. The loss of 14% earning capacity has not been challenged by the insurance company therefore, this Court is also approved the finding the loss of earning capacity of the 14% and therefore, recomputes the compensation in the following 3 manners:- S. No. Description Amount 1. Monthly income 8000/- 2. 40% Future prospect 3200 3. Total Monthly Income (8000+3200)) 11,200/- 4. Total Yearly Income (11200x12) 1,34,400/- 5. Claimant 14% disablement 18816/- 6. Loss of income 18816X17 319872/- 7. Medical Expenses (as awarded) 32,336/- 8. Pain & Suffering (as awarded) 20,000/- 9. For future treatment (as awarded) 50,000/- 10. Transportation, attendant, nutritional diet & loss of earning during treatment (as awarded) 40,000/- Total 4,62,208/- 8. Since learned Tribunal has already awarded a sum of Rs. 3,70,816/-, the enhanced amount which he now is entitled to get comes to Rs. 91,392/-. Order accordingly. 9. The amount of compensation shall be paid by the insurance company / respondent No. 3 within a period of 60 days with 6% interest, from the date of appeal i.e. 05.07.2019. 10. On such deposit being made, out of the amount worked out by way of enhancement, let 75% thereof be invested in some nationalized bank for a period of two years and the remainder be paid to appellant / claimant through bank transaction. 11. Accordingly, the appeal is allowed in part with the modification as indicated above. Sd/- (Sachin Singh Rajput) JUDGE Pawan