1 2025:CGHC:49047 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1129 of 2022 Smt. Mehatarin Patel W/o Mohan Lal Patel Aged About 42 Years R/o Tarapur, Post Tarapur, District Bastar (C.G.) (Claimant) ... Appellant versus 1 - Yakub John S/o Late Buccha John Aged About 65 Years R/o Ravindranath Tagore Ward No. 12, Jagdalpur, District Bastar (Driver). 2 - Dhansingh Kashyap S/o Late Bansingh Kashyap Aged About 46 Years R/o Nayapunda, Ambedkar Ward, Jagdalpur District Bastar (C.G.) (Owner). 3 - Branch Manager The Bajaj Allianz General Insurance Co. Ltd. Branch Office At Shivmohan Bhawan, Vidhansabha Road, Pandri, Raipur District Raipur (C.G.) (Insurance Co.) ... Respondent(s) For Appellant : Mr. Vikas Patel on behalf of Mr. P.K. Tulsyan, Advocate For Respondents No. 1 and 2 : Mr. Ashish Gangwani on behalf of Ms. Madhunisha Singh, Advocates For Respondent No. 3 : Ms. Priya Kaiwart on behalf of Mr. Sangeet Kushwaha, Advocates HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.09.25 15:50:19 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 24.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dated 29/06/2022 passed by learned 1st Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G.) in Claim Case No. 07/2020, whereby learned Claims Tribunal has awarded a total sum of Rs. 18,89,300/- as compensation for the injuries suffered by her. 2. Learned counsel for the appellant/claimant would submit that on account of the accident, appellant suffered fracture on hip and thereby suffered 85% permanent disability (Ex. A/147) and while computing the compensation, the Claims Tribunal has erred in assessing monthly income of the appellant/claimant to be Rs. 7,500/- whereas it ought to be Rs. 8,140/- as per the minimum wages notification prevalent on the date of the accident, as such, the impugned award is liable to be enhanced. 3. Learned counsel for the respondents would support the impugned award and submit that the compensation 3 awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. A careful perusal of the record would show that the Claims Tribunal has assessed the monthly income of the appellant/claimant to be Rs. 7,500/-, however, in the opinion of this Court, her monthly income should be Rs. 8,140/- (as per minimum wages prescribed at relevant time for unskilled labour) and Rs. 97,680/- per annum. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 7,500/- x 12 = Rs. 90,000/- Rs. 8,140/- x 12 = Rs. 97,680/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 2. Loss of earning capacity 100% i.e. Rs. 90,000/- 100% i.e. Rs. 97,680/- 3. Future Prospect (+) 25% i.e. Rs. 22,500/- = Rs. 1,12,500/- (+) 25% i.e. Rs. 24,420/- = Rs. 1,22,100/- 4. Multiplier (x) 14 = Rs. 15,75,000/- (x) 14 = Rs. 17,09,400/- 5. Medical Expenses Rs. 2,65,000/- Rs. 2,65,000/- 6. Pain and Suffering, assistant and special diet Rs. 40,000/- Rs. 80,000/- 7. Travelling Expenses Rs. 9,300/- Rs. 10,000/- 8. Loss of Amenities NIL Rs. 20,000/- 9. Future Medical Expenses NIL Rs. 10,000/- Total Rs. 18,89,300/- Rs. 20,94,400/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 18,89,300/- awarded by the Claims Tribunal is enhanced to Rs. 20,94,400/-. Hence, the appellant is held entitled for an additional amount of Rs. 2,05,100/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 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. 02/01/2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 8. 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 Harneet