1 2025:CGHC:54869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1474 of 2023 Akash Mandavi S/o Pooran Mandavi Aged About 21 Years R/o Dengpara Village Usari P.S. Bastar, District Bastar, Chhattisgarh. ... Appellants/Claimants versus 1 - Asmat Ali S/o Noor Mohd. Ali, Through Kuljeet Singh Siddhu , S/o Janrail Singh Aged About 40 Years, R/o Shyam Nagar Near Gurudwara Gali No. 1, Telebandha Raipur District Raipur, Chhattisgarh. (Driver Of The Vehicle) 2 - Smt. Simarjeet Kaur Siddhu W/o Kuljeet Singh Siddhu, R/o Shyamnagar Near Gurudwara Gali No. 1 Telebandha Raipur District Raipur, Chhattisgarh. (Owner Of The Vehicle) 3 - The New India General Company Ltd., Through Branch Manager, Branch Office Opposite Bhodoriya Bhawan Court Road, Jagdalpur District Bastar, Chhattisgarh. (Insurer) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.12 10:52:55 +0530 2 For Appellant : Mr. P.K. Tulsyan, Advocate For Respondents No. 1 & 2 : Ms. Anamika Jain, Advocate For Respondent No. 3 : Mr. Pankaj Agrawal and Mrs. Swati Agrawal, Advocates SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 11.11.2025 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 02/05/2023 passed by learned Additional Motor Accident Claims Tribunal, Bastar, Place Jagdalpur (C.G.) in Claim Case No. 277/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 27,43,000/- as compensation to the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal has erred in assessing the monthly income of the deceased as Rs. 9,000/- whereas it ought to be Rs. 9,220/- as per the minimum wages notification prevalent on the date of the accident. Moreover, the Claims Tribunal has not granted any compensation under the heads of loss of amenities, marriage prospect, 3 special diet, travelling expenses, assistant fees, cost of prosthesis (artificial leg) and future medical expenses, which is unsustainable in law, therefore, the compensation amount may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation 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 deceased as Rs. 9,000/- whereas it ought to be Rs. 9,220/- as per the minimum wages notification prevelant on the date of the accident and the Claims Tribunal has only granted Rs. 5,000/- for pain and suffering, however, looking to the injuries suffered by the appellant/claimant and further looking that he suffered amputation on right leg above the knee and has suffered 70% permanent disability (Ex. A/11), Rs. 1,00,000/- ought to have been granted for pain and suffering and for loss of amenities and marriage prospect. 4 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as below:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 9,000/- x 12 = Rs. 1,08,000/- Rs. 9,220/- x 12 = Rs. 1,10,640/- 3. Future Prospect (+) 40% i.e. Rs. 43,200/- = Rs. 1,51,200/- (+) 40% i.e. Rs. 44,256/- = Rs. 1,54,896/- 4. Multiplier (x) 18 = Rs. 27,21,600/- (x) 18 = Rs. 27,88,128/- 5. Medical Expenses Rs. 16,400/- Rs. 16,400/- 6. Pain and Suffering Rs. 5,000/- Rs. 1,00,000/- 7. Marriage Prospect NIL Rs. 1,00,000/- 8. Loss of Amenities NIL Rs. 1,00,000/- 9. Special Diet NIL Rs. 20,000/- 10. Travelling Expenses NIL Rs. 10,000/- 11. Assistant Fees NIL Rs. 20,000/- 12. Cost of Prosthesis (Artificial Leg) NIL Rs. 1,00,000/- 13. Future Medical Expenses NIL Rs. 50,000/- Total Rs. 27,43,000/- Rs. 33,04,528/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 27,43,000/- awarded by the Claims Tribunal is enhanced to Rs. 33,04,528/-. Hence, the appellant is held entitled for an additional amount of Rs. 5,61,528/-. 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 5 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. 21/09/2021 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 Harneet