1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1454 of 2019 1 - Sakru Ram Thakur S/o Sona Ram Thakur Aged About 40 Years R/o Aanjar Lohandiguda, District Bastar, Chhattisgarh ... Appellant(s) versus 1 - Sudar Kashyap S/o Somaru Kashyap Aged About 35 Years R/o Village Anjaar Kosapara, Police Station Mardum, District Bastar, Chhattisgarh (Driver Of The Offending Vehicle) 2 - Satyendra Singh Kushwah S/o Narsingh Kushwah Add. Kushwah Travels Shanti Nagar, Ward No. 26 Jagdalpur, District Bastar, Chhattisgarh (Owner Of Offending Vehicle), 3 - Through Branch Manager The Oriental Insurance Company Limited, Above Avenue Hotel Jagdalpur, District Bastar, Chhattisgarh ... Respondent(s) For Appellant(s) : Shri Vikas A. Shrivastava, Advocate For Respondent No.3 : Shri Deepak Gupta, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 12/09/2025 Challenging the award dated 16/04/2019 passed by the Motor Accident Claims Tribunal, Bastar, Place-Jagdalpur (CG) in Claim Case No.183/2018, the appellant/claimant has filed this appeal under Section 173 of the Motor Vehicles Act, 2 1988 (for short ‘MV Act’). 2. By the impugned award, against a joint claim of Rs.20,0000/- claimed by the persons suffered in a common accident, learned Tribunal has awarded compensation of Rs.9,000/- in favour of the appellant / claimant on account of injuries sustained by him in an accident that occurred on 06/02/2017. Facts of the case in brief is that the appellant along with other persons were going on a bus bearing registration No.CG17 F 0314 to village-Usribeda and the bus met with an accident due to rash and negligent driving of respondent No.1 / driver which was owned by respondent No.2 and insured with respondent No.3/insurance company. 3. As per pleadings of the claim application, on account of the said accident, the appellant suffered severe injuries on different parts of his body and also sustained fracture and suffered permanent disablement.Therefore,the abovestated compensation was claimed. The respondents resisted the claim application on various grounds. 4. On the basis of pleadings of the parties, learned Tribunal framed issues and decided the same in favour of the appellant / claimant and against the respondents. 5. Learned counsel for the appellant / claimant submits that though the disability certificate was filed to the tune of 45%, however, the Tribunal has only assessed 15% as loss of earning capacity. Income of the deceased was found to be Rs.4,500/- which appears to be on lower side and it should be reasonably assessed. 6. Learned counsel for respondent No.3 supports the award and submits that though the disability certificate of 45% was filed, however, the doctor who has issued the certificate has categorically stated that the disability is 15% for the whole body. The income has not been proved, therefore, just compensation has been awarded. 7. Heard learned counsel for the parties and perused the records. 8. Though the certificate regarding disability of 45% is related to a particular portion of the body and the learned Tribunal relying upon the statement of the doctor and considering the nature of job and evidence available, found the loss of earning capacity to 15% and is hereby maintained. However, the Tribunal fell in error in only assessing the income of the appellant to Rs.4500/-. Looking to the age of the appellant ; nature of job and minimum wages; date of accident, this Court is inclined to take notional income to Rs.6,500/- and after adding 25% future prospects, this Court reassesses the compensation in the following manner - 3 1 Monthly income Rs.6500/- 2 Future Prospects 25% (6500+1625) Rs.8125/- 3 Yearly loss of income (8125 x 12) Rs.97500/- 4 Functional disability and loss of earning capacity (97500 x 15%) Rs.14625/- 5 Applying Multiplier of 13 (23100 x 18) Rs.190125/- (Loss of future earning) 6. Pain and suffering + Rs.10000/- (as awarded) 7. Special diet + Rs.10000/- 8. Transport + Rs.7000/- (as awarded) 9. Attendant + Rs.7000/- 10 Loss of income during treatment +Rs.13000/- TOTAL COMPENSATION Rs.237125/- 9. The learned Tribunal awarded Rs.155300/- which is deducted from the total compensation now assessed and the enhanced compensation comes to Rs.81825/-. Looking to the facts and circumstances of the case, interest @ 6% is also awarded on the enhanced amount of compensation from the date of filing of this appeal i.e. 15/01/2024 to be deposited by the insurance company within a period of 60 days. After deposit, 50% of the amount be invested as fixed deposit in the name of the appellant in a nationalised bank for two years. Remaining 50% shall be paid to appellant through Bank transaction / account payee cheque. 10. The appeal is accordingly partly allowed.- /- Sd/- Sd/- Sd/- (Sachin Singh Rajput ) Judge Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.16 11:16:02 +0530