Page No.1 of 5 IN MAC-1106-2022 2025:CGHC:48546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1106 of 2022 [Arising out of award dt. 15.07.2022, passed in Claim Case No.1112/2019 (Ashok Das v. Teemak Das Sahu and others) by the 2nd Addl. Motor Accident Claims Tribunal, Bilaspur (CG)] Ashok Das S/o Kabir Das Aged About 36 Years R/o Village Hanfa, Post And Tahsil Sakri, Police Station Sakri, Bilaspur Chhattisgarh. ... Appellant Versus 1 - Teemak Das Sahu S/o Late Leelaram Sahu Aged About 28 Years R/o Village Parsada, Gandhi Chowk Police Station Kumhari, District Durg Chhattisgarh. ( Driver Of The Vehicle Pick-Up No. Cg 04- Mg – 1571) 2 - Rakesh Kumar Das S/o Ishwar Das R/o House No. 37/340, Behind Of Chhattisgarh Dayosis Office, Rajbhawan, Civil Line Raipur - District Raipur Chhattisgarh. (Owner Of The Vehicle Pick-Up No. Cg-04-Mg-1571) 3 - Branch Manager, Shri Ram General Insurance Company Limited - Branch Office - Plot No.1, 4the Floor, Maruti Heights, G.E. Road, Raipur Ho Raipur District- Raipur Chhattisgarh. (Insurerd Of The Vehicle Pick-Up No. Cg-04 Mg/1571) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Anand Kesharwani, Advocate For Respondent No.1 & 2 : None though served. For Respondent No.3 : Mr. PR Patankar, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-1106-2022 22.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dt. 15.07.2022, passed in Claim Case No.1112/2019 (Ashok Das v. Teemak Das Sahu and others) by the 2nd Addl. Motor Accident Claims Tribunal, Bilaspur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.2,44,968/- as compensation for the injuries sustained by the appellant in the accident occurred on 20.07.2019. 2. 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, as on account of the accident in question, the appellant has suffered permanent disablement to the extent of 40%. The learned Claims Tribunal has erred in not calculating the amount of on the head of loss of income and, for which, the learned Claims Tribunal has only taken 10% amount from the income of the appellant that too without adding the amount of future prospect. Learned counsel vehemently argued that at least 25% amount from the income of the appellant has to been taken on the head of loss of income under the facts and circumstances of the present case. Further, the learned Claims Tribunal has also erred in awarding less amount on other heads i.e. pain and suffering, transportation etc., Page No.3 of 5 IN MAC-1106-2022 which may be enhanced suitably. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellant have failed to prove nature of occupation and income by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of the appellant on notional basis. The amount of compensation awarded by the Claims Tribunal is just and 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 went through the records with utmost circumspection. 5. In the case at hand, since the appellant has suffered permanent disablement to the extent of 40%, which is duly established vide disablement certificate vide Ex.P/17, proved by Dr. SK Chandel (PW-02), it appears that the learned Claims tribunal has awarded less amount on the heads- loss of income due to disability, pain and suffering, transportation etc., which in the considered opinion of this Court, is liable to be enhanced. 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. 1 (2017) 16 SCC 680 Page No.4 of 5 IN MAC-1106-2022 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. Loss of Income Rs.8,400 x 12 = Rs.1,00,800/- Rs.8,400 x 12 = Rs.1,00,800/- 2. Future prospect NIL. (+) 40% (i.e. Rs.40,320/-) = Rs.1,41,120/- 3. Loss of income due to disability 10% of income i.e. Rs.10,080/- 25% of above income i.e. Rs.35,280/- 4. Multiplier 16 x = Rs.1,61,280/- 16 X = Rs.5,64,480/- 5. Pain and suffering (+) Rs.25,000/- (+) Rs.50,000/- 6. Special Diet (+) Rs.25,000/- (+) Rs.25,000/- 7. Transportation (+) Rs.2,400/- (+) Rs.10,000/- 8. Attendant (+) Rs.20,000/- (+) Rs.20,000/- 9. Medical Bill (+) Rs.11,288/- (+) Rs.11,288/- 10. Amenities Nil (+) Rs.50,000/- Total Rs.2,44,968/- Rs.07,30,768/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.2,44,968/- awarded by the Claims Tribunal is enhanced to Rs.7,30,768/-. Hence, after deducting the amount of Rs.2,44,968/-, the appellant is held entitled for an additional amount of Rs.4,85,800/-. The concerned respondent is directed to deposit the 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-1106-2022 amount of compensation as enhanced by this Court within a period of 45 days 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 till its realization. Rest of the conditions of the impugned award shall remain intact. 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 s@if