1 2025:CGHC:37229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1162 of 2022 Naveen Patel S/o Shri Vidyanand Patel Aged About 19 Years R/o Village Raseda, Police Station And Tahsil Akaltara, District Janjgir Champa Chhattisgarh ... Appellant(s) versus 1 - Arjun Kumar Barman S/o Shri Jeevan Lal Barman Aged About 24 Years R/o Village Sheetla Para, Dumatarai, Police Station Mana Camp, District Raipur Chhattisgarh (Driver Of The Offending Vehicle Centro Car No. K A 41 M-8705) 2 - Murludhar Uppada S/o Shri Yarappa Uppada Aged About 48 Years R/o Village Tatibandh Colony, M.I.G. 89, Behind A I M S, Hospital, Raipur District Raipur Chhattisgarh (Owner Of The Offending Vehicle Centro Car No. K A 41 M-8705) 3 - The United India Insurance Company Ltd. District Korba Chhattisgarh (Insurer Of The Offending Vehicle Centro Car No. Ka-41 M-8705) ... Respondent(s) For Appellant(s) : Mr. Roop Naik, Advocate For Respondent No.3 : Mr. P.K. Tulsyan, Advocate HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.04 11:14:00 +0530 2 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 30.07 .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 05.08.2022 passed by learned 1st Additional Motor Accident Claim Tribunal, Janjgir, District- Janjgir-Champa (C.G.) in Claim Case No. 29/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 1,11,874/- as compensation. 2. Facts of the case relevant for disposal of this appeal are that on 08.10.2019 at about 06.30 at evening when the appellant and his sister was going to watch Dashhara Festival in the scooty vide bearing No. C.G.04-MP-5279, they reached at Mana Basti Forest Naka at that time a Centro Car who was coming behind the appellant, dashed their scooty, due to which they fall down and the appellant received injuries leg, face and lips. The appellant was given treatment at CHC Mana Camp, thereafter the further treatment was given at V. Care Hospital, Raipur and MMI Hospital, Raipur. Thereafter, the appellant was admitted at 3 Ashirvad Hospital, Bilaspur from 09.10.2019 to 14.10.2019. Due to accident the appellant was suffered from teach problem and treatment was given at Ajay Dental Clinic, Agra. The FIR has been lodged before the Police Station Mana Camp, Raipur thereafter the police has registered Crime No. 297/2019 for the offence under Section 297, 337, 338 of IPC against the respondent no. 1. 3. Learned Claims Tribunal, upon appreciation of pleadings and evidence placed on record by respective parties, held that on account of rash and negligent driving of respondent No. 1, accident occurred and the appellant herein suffered grievous injuries and breach of insurance policy was not found proved and awarded Rs. 1,11,874/- as compensation to the appellant. 4. 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. Claims Tribunal erred in assessing income of deceased as Rs. 6,000/- per month taking him to be an unskilled labour and therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 5. Learned counsel for the respondents would submit that the Tribunal is justified in assessing income of deceased on notional basis and the amount of compensation awarded 4 by the Claims Tribunal is just and proper which does not call for any interference. 6. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 7. Learned Claims Tribunal assessed the monthly income of appellant to be Rs. 6,000/- per month and granted Rs. 12,000/- as loss of income; Rs. 12,500/- for nutritious food, physical and mental suffering and head of transportation; Rs. 87,374/- for medical bills, which totals to Rs. 1,11,874/- with an interest of 9 % per annum, however, after going through the record, I am of the considered opinion that grant of Rs. 50,000/- as additional compensation would make the compensation already granted as just and proper compensation. 8. In view of the aforesaid analysis, the amount of compensation of Rs. 1,11,874/- awarded by the Claims Tribunal is enhanced to Rs. 1,61,874/-. Hence, after deducting the amount of Rs. 1,11,874/-, the appellant is held entitled for an additional amount of Rs. 50,000/-. The Respondents are directed to deposit the 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 5 additional amount of compensation shall carry interest @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 19.02.2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 9. 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