1 MAC No. 1499 of 2023 2025:CGHC:47558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1499 of 2023  Smt. Neera Bai Thakur W/o Manoj Singh Thakur, Aged About 45 Years, Resident Of Village Kariya Tal (Nevari), Chowki Malhar, District Bilaspur (C.G.),...(Claimant) ... Appellant versus 1. Animesh @ Anivesh Yadav S/o Chhotu Shailendra Yadav, Aged About 28 Years, Resident Of Village Post Dagouri, Police Station And Tahsil Bilha, District Bilaspur (C.G.) (Driver). 2. Santosh Sannad S/o Ishwar Prasad Sannad, Aged About 60 Years, Resident of Amit Road Lines, Third Floor, Riyati Business Arket, Behind Bachpan School, Ring Road, Narmada Nagar, Bilaspur (C.G.) (Owner). 3. Divisional Manager, The New India Insurance Company Limited, Rama Trade Centre, Second Floor, U.T.I. Building, Infront Of Rajeev Plaza, Bilaspur (C.G.) (Insurer) ... Respondents For Appellant :- Mr. Sanjeev Pandey, Advocate For Respondent No.3 :- Mr. Raj Awasthi, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 16.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.18 18:10:44 +0530 2 MAC No. 1499 of 2023 appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 15.06.2023 passed by the 10th Additional Motor Accident Claims Tribunal, Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 276/22, whereby learned Claims Tribunal has awarded a total sum of ₹7,73,818/- as compensation along with interest to the injured claimant/appellant herein. 2. Mr. Sanjeev Pandey, learned counsel for the appellant, would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. He would also submit that the Claims Tribunal is absolutely unjustified in considering the disability of the claimant to the extent of 20% which should be more than 20% as her functional disability and loss of working capacity would be 100% and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Mr. Raj Awasthi, learned counsel for respondent No.3, would submit that treating doctor has not been examined to prove the disability of the claimant and even the compensation awarded by the Claims Tribunal is just and proper to the facts of the case and, therefore, the instant appeal deserves to be dismissed. 3 MAC No. 1499 of 2023 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records precisely. 5. Dr. V. K. Mishra, Medical Officer, District Hospital, Bilaspur and the member of the District Medical Board, who proved the disability certificate (Ex.P/52) issued to the claimant, has clearly stated that the left leg of the claimant amputated through mid metatarsal bones due to which she suffered disability to the extent of 40%. Though the disability suffered by the claimant to the extent of 40%, but considering the amputation through mid metatarsal bones, loss of working capacity will be 100% as on that account she would not be able to work as an unskilled labour and, therefore, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹ 9,200 x 12 = ₹ 1,10,400/- ₹ 9,200 x 12 = ₹1,10,400/- 2. Future prospect (+) 25% = ₹27,600/- total income = ₹ 1,38,000/- (+) 25% = ₹27,600/- total income = ₹ 1,38,000/- 3. Loss of working capacity 20% = ₹ 27,600/- 100% = ₹1,38,000/- 4. Multiplier (x) 13 = ₹ 3,58,800/- (x) 13 = ₹ 17,94,060/- 5. Loss of income/earni ng capacity ₹ 3,35,800/- ₹₹ 17,94,060/- 6. Medical Expenses ₹ 3,75,018/- ₹ 3,75,018/- 4 MAC No. 1499 of 2023 7. Transportati on ₹10,000/- ₹10,000/- 8. Special Diet ₹5,000/- ₹10,000/- 9. Pain & Agony ₹20,000/- ₹50,000/- 10. Future medical expenses Nil Nil Total ₹ 7,73,818/- ₹ 22,39,018/- 6. In view of the aforesaid analysis, the amount of compensation of ₹7,73,818/- awarded by the Claims Tribunal is enhanced to ₹22,39,018/-. Hence, after deducting the amount of ₹7,73,818/-, the appellant is held to be entitled to an additional amount of ₹14,65,200/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal i.e. 17.02.2022 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit