1 2025:CGHC:49249 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1083 of 2022 Rijwan Khan, S/o. Jasimkhan, Aged About 25 Years, R/o. Ward No. 5, Sanjay Nagar, Nayapara, Mahasamund, P.S., Tehsil & District Mahasamund, Chhattisgarh ... Appellant versus 1 - Parmanand Nayak, S/o. Avinash Prasad Nayak, Aged About 37 Years, R/o. Dindayal Ward, Nayapara, Mahasamund, P.S., Tehsil & District Mahasamund, Chhattisgarh .... Driver Of Offending Vehicle Bearing No. C.G. 06 L 0192 2 - The New India Insurance Company Limited, Office Old Raipur Naka, Raipur Road, Mahasamund, District Mahasamund, Chhattisgarh .... Insurer Of Offending Vehicle Bearing No. C.G. 06 L 0192 ... Respondents For Appellant : Mr. Shubhank Tiwari, Advocate For Respondents No.2 : Mrs. Swati Agrawal, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.09.26 10:09:23 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 11.11.2021 passed by learned First Additional Motor Accident Claims Tribunal, Mahasamund, in Claim Case No.H-99/2017, by which the claim application of the claimant has been allowed and an amount of Rs.3,40,340/- has been awarded as compensation to the claimant along-with interest @ 6% per annum from the date of filing of claim application. 2. Mr. Shubhak Tiwari, learned counsel for the appellant/ claimant, would submit that the claimant has suffered 50% temporary disability on his left hand as per Dr. N.K.Mandape (AW-2), therefore, the learned Claims Tribunal ought to have taken 50% bodily disability instead of 25% towards loss of earning capacity; therefore, the amount of compensation be suitably enhanced. 3 3. Mrs. Swati Agrawal, learned counsel for the insurance company/respondent No.2, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal awarded total compensation of Rs. 3,40,340/- under the different heads while recording a finding that as per temporary disability certificate Ex.P-128, loss of earning capacity of the claimant will be affected to the extent of 25%. However, taking into the statement of Dr. N.K.Mandape (AW-2) who has clearly stated that the left hand of claimant is not in a position to function and in that view of the matter, the earning capacity of the claimant is taken to 50% and accordingly, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of income Rs. 6000 x 25% = 1500/- Rs. 1500 x 12 = 18,000/- per year For 6 years : 18,000 x 6 = 1,08,000/- Rs. 6000 x 50% = 3000/- Rs. 3000 x 12 = 36,000/- per year For 6 years : 36,000 x 6 = 2,16,000/- 4 Medical expenses Rs. 2,00,340/- Rs. 2,00,340/- Special Diet Rs. 5000/- Rs. 5000/- Travel Expenses Rs. 5000/- Rs. 5000/- Loss of Companion Rs. 12,000/- Rs. 12,000/- Physical & mental sufferings Rs. 10,000/- Rs. 10,000/- Total Rs. 3,40,340/- Rs. 4,48,340/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 3,40,340/- awarded by the Claims Tribunal is enhanced to Rs. 4,48,340/-. Hence, after deducting the amount of Rs. 3,40,340/-, the claimant is entitled for an additional amount of Rs. 1,08,000/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok