1 2025:CGHC:17038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2086 of 2019 1. Smt. Bhuneshwari Devi Mandavi W/o Shri Komal Ram Mandavi Aged About 65 Years, R/o Green Paradise, Vishal Nagar, Maruti Nandan House No. S-01, Thana Telibandha Raipur, District Raipur Chhattisgarh. (Claimant). ... Appellant versus 1. Amit Kumar Singh Chouhan S/o Shir Bishan Singh Chouhan Aged About 28 Years Occupation Driver, R/o B.S.U.P. Colony, Bhathagaon, Thana Purani Basti Raipur, District Raipur Chhattisgarh (Owner Cum Driver). 2. Magma H.D.I. General Insurance Company Limited Policy Service Office No. 501, 509, 512 5th Floor D.B. City Corporate Park Plot No. 8 Block No. 9, Rajbandha Maidan Raipur, Tahsil And District Raipur Chhattisgarh. (Insurance Company). ... Respondents For Appellant/Claimant : Mr. A.L. Singroul, Advocate. For Respondent No. 2 : Ms.Priyanka Rai, Advocate on behalf of Mr.Shashank Thakur, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board 11 / 04 / 2025 1. This appeal arises out of the impugned award dated 14.08.2019 passed by 5th Additional Motor Accident Claims Tribunal, Raipur, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2025.04.15 18:23:14 +0530 2 District-Raipur (C.G.) in Claim Case No. 233/2018 awarding compensation of Rs.3,33,736/- with interest @ 7% per annum, in favour of the appellant/claimant. 2. The claim of appellant/claimant before the Tribunal, in brief, was that on 26.12.2017 at about 4.00 am, Bhuneshwari Devi Mandavi boarded Auto bearing registration No. CG-04-LU-263 from Green Paradise, Telibandha heading to Sundar Nagar Physiotherapy Clinic. Near Ravabhatha, behind GM Motors in Mathpuraina, the auto driver/respondent No. 1 drove recklessly and at high speed, hitting the divider strongly, causing the auto to overturn. As a result of accident, the appellant sustained grievous injuries, including fracture in her left arm, hairline fracture in her ribcage and other severe body injuries. Thereafter, she was taken to V. Care Hospital Raipur for treatment. Upon report being made in this regard, crime was registered against respondent no.1 (Driver of the offending vehicle) at Tikrapara Police Station, District Raipur, Chhattisgarh. 3. It was claimed that at the time of accident, the appellant/injured was aged about 65 years and she was working as a house wife. Due to the said accident, the appellant sustained a fracture in her arm and ribcage. During surgery, flesh was taken from her right leg and inserted into her arm. She has been bedridden for over three months, undergoing treatment. The accident has resulted in permanent disability, making her dependent on others for life. Therefore, the claimant/injured preferred an application before the Claims Tribunal claiming total compensation of Rs.11,91,000/- for disability, loss in future income, physical and mental agony, medical expenses and also under other heads. 4. Learned Tribunal, after considering the evidence and documents brought on record, determined the age of the claimant/injured as 65 years and assessed the income of the injured at Rs.4,000/- per month i.e. Rs.48,000/- per annum. Since the claimant suffered 20% permanent disability due to the accident, loss of income was assessed at Rs.9,600/- per annum and compensation has been calculated in the following manner:- 3 Heads Compensation Towards total loss of income of the injured due to 20% permanent disability after applying multiplier of 7 Rs. 67,200/- Towards Medical Expenses Rs. 1,92,536/- Loss of income for one month during treatment Rs. 4,000/- Towards attendant Rs. 10,000/- Towards Nutritious food and traveling Rs. 10,000/- Towards mental and physical pain Rs. 50,000/- Total Rs. 3,33,736/- 5. Accordingly, the Tribunal has awarded total compensation of Rs.3,33,736/- in favour of the claimant/injured with interest @ 7% per annum, from the date of application till its realization. Hence, this appeal for enhancement. 6. Learned counsel appearing for appellant/claimant submits that the Claims Tribunal has failed to consider the nature of injuries suffered by the appellant and awarded a total compensation of Rs.3,33,736/- which is a very small amount and needs to be enhanced. He next submits that the learned Tribunal did not properly assess the income of the appellant/injured and incorrectly evaluated the permanent disability at 20% when, in fact, the appellant lost 67% efficiency due to the accident. Thus, prayed for modification of the impugned award enhancing the compensation suitably. 7. On the other hand, learned counsel appearing for the Respondent No.2/Insurance Company opposes the submission made by the counsel for appellant and submits that in the facts and circumstances of case, the compensation awarded by the Claims Tribunal is just and proper and requires no further enhancement. 8. Heard learned counsel for the parties and perused the record. 9. In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, 4 nor a Bonanza. 10. Now this Court shall examine as to whether the compensation awarded by the Tribunal is just and proper compensation in the given facts and circumstances of the case. 11. It is an injury case. The claimant has brought on record his disability certificate (Ex. P-104) issued by District Medical Board, Govt. District Hospital, Raipur (CG). According to the said certificate, there was 67% of permanent disability in joints of elbow, wrist and finger of her left hand due to the accident. But this fact was not proved from the statement of Dr. P.K. Gupta who was a member of the Medical Board and had put his signature in the disability certificate and he admitted in para 5 and 6 of his cross-examination that the disability certificate (Ex- P/104) mentioned 67% disability but the calculation was not based on the Employee’s Compensation Act’s schedule and also admitted that the disability certificate only relates to the left hand and no permanent physical disability was found in the legs, right hand and head of appellant. In this situation, the finding of the tribunal with regard to the loss of income to the extent of 20% in the said accident on account of the said injuries sustained by the appellant is found to be correct. 12. As regards the income of the appellant/injured, the Tribunal has assessed the income of appellant at Rs.4000/- per month. The incident occurred on 26.12.2017 and as per the notification by Labour Department, the minimum wages of un-skilled worker at that point of time was Rs.8,450/-. Hence, the income of the appellant is assessed at Rs.8,450 i.e., 1,01,400/- per annum. 13. Considering the permanent disability of 20% as has been rightly assessed by the tribunal, the loss of income would amount to Rs.20,280 per annum. Taking into consideration the age of claimant to be 65 yeas at the time of accident and in view of the judgment of the Hon’ble Supreme Court in the case of Sarla Verma (Smt.) and others vs. Delhi Transport Corporation and another reported in (2009) 6 SCC 121 and National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 5 680, the multiplier would be 07 and after applying the said multiplier, loss of income due to permanent disability amounts to Rs.1,41,960/-. 14. The compensation amount given by the learned Claims Tribunal towards nutritious food and traveling is Rs.10,000/-, Rs.10,000 towards attendant, Rs.1,92,536/- towards medical expenses, Rs.50,000/- towards physical and mental agony are found to be correct. However, the amount given towards loss of income for 01 month during treatment of Rs. 4,000/- is hereby enhanced to Rs. 8,450/- and an amount of Rs.10,000/- is also awarded towards future treatment. Accordingly, the appellant/claimant would become entitled for total compensation of Rs.4,22,946/- in the following manner:- Heads Modified/Enhanced Compensation Loss of income due to 20% disability after applying multiplier of 07 1,41,960/- Medical expenses 1,96,536/- Loss of income for 01 month 8,450/- Nutritious food and traveling 10,000/- Attendant 10,000/- Pain and suffering 50,000/- Future Treatment 10,000/- Total compensation Rs.4,22,946/- 15. Thus, the total compensation is recomputed as Rs.4,22,946 /- from which after deduction of Rs.3,33,736/- as awarded by the Tribunal, the enhanced compensation would be Rs.89,210/-. 16. In the result, the appeal is partly allowed. The appellant/claimant shall be entitled for the enhanced compensation of Rs. 89,210/- in addition to what is already awarded by the Claims Tribunal. The enhanced amount will carry interest @ 6% per annum from the date of enhancement of the 6 award till its realization. Accordingly, the impugned award stands modified to the above extent and rest of the conditions shall remain intact. 17. The Registry is directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Claims Tribunal. The said communication be made in Hindi (Deonagri) language and the help of paralegal workers may be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.