1 2025:CGHC:54798 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1661 of 2019 1 - Sanju Patel S/o Shri Hari Kishan Patel Aged About 23 Years R/o Sarwmangla Nagar, Barampur, Police Station Kusmunda, Tahsil And District - Korba, Chhattisgarh., District : Korba, Chhattisgarh ... Petitioner(s) versus 1 - Arjun Patel S/o Late Bhikhari Patel Aged About 62 Years R/o Sugandha Vihar Behind New Era Public School Rampur, Korba Police Station, Tahsil And District - Korba, Chhattisgarh. (Driver), District : Korba, Chhattisgarh 2 - Smt. Chandra Devi Patel W/o Shri Arjun Patel Aged About 48 Years Sugandha Vihar Behind New Era Public School, Rampur, Korba Police Station, Tahsil And District - Korba, Chhattisgarh. (Owner), District : Korba, Chhattisgarh 3 - The National Insurance Company Limited Through Division Manager, Division Office Meenu Complex, Kosabadi Korba, Chhattisgarh. (Insurance Company), District : Korba, Chhattisgarh ... Respondent(s) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- For Appellant : Shri Shubham Dev Mallick, Advocate. For Respondent No.3 : Shri P.K. Tulsyan, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11.11.2025 NIRMALA RAO 2 1. The appellant/ claimant has filed this appeal under Section 173 of the Motor Vehicles Act seeking enhancement of compensation against the award dated 27.3.2019, passed in Claim Case No.33 of 2017 by the learned Motor Accident Claims Tribunal, Korba, District Korba whereby the learned Tribunal passed an award to the tune of Rs.3,88,000/- and directed the Insurance Company to make payment with interest @ 7% per annum on account of injuries sustained by him. 2. Learned counsel for the appellant would argue that on 29.9.2015, the driver of the offending vehicle Tata Indigo bearing registration No.C.G. 12 Y 1607 by driving rashly and negligently dashed the motorbike of the injured. Resultantly, he fell down and sustained grievous injuries over the left ankle, hip and thigh. He would submit that the hip bone was fractured from the top of the thigh. He would submit that the claimant was admitted at CIMS Bilaspur on 2.10.2015. Thereafter, he was referred to Dr. B.R. Ambedkar Hospital, Raipur where he remained hospitalized till 2.12.2015. He would contend that the claimant’s left ankle was severely damaged and was amputated through surgical operation which resulted in shortening of his left leg. He would further contend that the claimant was examined by the medical board and disability certificate to the extent of 40.82% was issued. He would submit that the claimant was a Senior Salesman at a garments shop and was earning Rs.15,000/- per month but the learned Tribunal has considered his income Rs.7,000/-, which is at lower side. He would further submit that the learned Tribunal has assessed the functional disability at 16.32%. He would further argue that the learned Tribunal has not awarded proper compensation on conventional heads and has failed to grant compensation towards future medical expenses and loss 3 of amenities. He would pray to enhance the compensation. 3. On the other hand, learned counsel for respondent No.3 would oppose the submissions made by counsel for the appellant. He would further submit that the learned Tribunal has awarded just and proper compensation and the appeal deserves to be dismissed. 4. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 5. Admittedly, the claimant suffered serious injuries and remained hospitalized for more than two months. The left ankle bone was damaged which resulted in shortening of leg. There was one more fracture in the hip bone. Learned Tribunal assessed the permanent functional disability to the extent of 16.32% and assessed loss of earning by taking notional income at Rs.7,000/- per month. Though the claimant pleaded in the claim petition that he was earning Rs.15,000/- per month but failed to adduce evidence in this regard, therefore, learned Tribunal has rightly assessed the income of the claimant/ injured Rs.7,000/- and the finding recorded by the Tribunal in this regard does not require interference. 6. The medical bills submitted by the claimant vide Ex.P/13 to 35 to the tune of Rs.10,697/- have duly been considered by the learned Tribunal. Further, learned Tribunal awarded a sum of Rs.10,000/- towards special diet, which appears to be proper. A sum of Rs.10,000/- was awarded for pain and suffering however, the said amount appears to be on the lower side looking to the nature of injuries and the period of hospitalization of the claimant and the said amount is enhanced from Rs.10,000/- to Rs.40,000/-. The claimant remained hospitalized for more than three months and therefore, the learned Tribunal has 4 awarded a sum of Rs.9,000/- for attendant and the said figure requires modification by this Court. The said amount is enhanced from Rs.9,000/- to Rs.15,000/-. Learned Tribunal awarded a sum of Rs.20,000/- for loss of working capacity and inconvenience, which appears to be proper. Learned Tribunal has awarded a sum of Rs.2,000/- for conveyance which appears to be at lower side and the same is enhanced to Rs.30,000/-. 7. Taking into consideration the above-discussed facts, in my opinion, the compensation granted by the learned Tribunal requires recomputation and same is revisited herein below: Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Loss of earning on account of 16.32% disability Rs. 3,26,300/- Rs. 3,26,300/- 2. Medical Bills Rs.10,700/- Rs.10,700/- 3. Future medical expenses --- Rs.10,000/- 4. Pain and suffering Rs.10,000/- Rs.40,000/- 4. Special diet Rs.10,000/- Rs.10,000/- 5. Attendant Rs.9,000/- Rs.15,000/- 6. Transportation Rs. 2,000/- Rs. 30,000/- 7. Loss of convenience Rs. 20,000/- Rs. 20,000/- TOTAL Rs. 3,88,000/- Rs. 4,62,000/- 8. Considering the facts discussed above the amount of compensation of Rs.3,88,000/- awarded by the Claims Tribunal is enhanced to Rs.4,62,000/-. Hence, after deducting the amount of Rs.3,88,000/-, the appellant/claimant is entitled for an additional amount of Rs.74,000/-. 5 The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order and in default, the enhanced amount shall carry interest @ 15% 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. 9. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Rakesh Mohan Pandey) Judge Nimmi