1 2025:CGHC:53003 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1023 of 2020 1 - Masoom Raza S/o Haidar Ali Aged About 40 Years R/o Kelabadi, Durg, Tahsil And District Durg, Chhattisgarh., District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - Suresh Yadav S/o Tijuram Yadav Aged About 28 Years R/o Santoshi Nagar, Bajrang Chowk, Near Manoj Kirana Store, Thana- Tikarapara, Raipur, Chhattisgarh. (Driver Of The Car No. Cg04-Hb3733), District : Raipur, Chhattisgarh 2 - Dilip Kumar Mandhani S/o Aavatram Mandhani Aged About 43 Years R/o H.N. A- 7, Rajiv Nagar, Mowa, Raipur, Chhattisgarh. (Owner Of The Car No. Cg04-Hb3733), District : Raipur, Chhattisgarh 3 - Bharatiya Axa General Insurance Company Limited Through Branch Office, 1st Floor, Chawla Complex Sai, Shri Nagar Rd, Devendra Nagar, Raipur, Chhattisgarh 492001. (Insurer Of The Car No. Cg04-Hb3733), District : Raipur, Chhattisgarh ... Respondent(s) For Appellant : Mr. Syed Majid Ali, Advocate. For the Insurance Company : Mr. Sourabh Sharma, Advocate. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 30.10.2025 1. The appellant/claimant has filed this appeal for enhancement of compensation against the award passed by the learned Fourth NIRMALA RAO 2 Additional Motor Accident Claims Tribunal, Durg in Claim Case No.166 of 2017 vide order dated 2.11.2019 whereby the learned Tribunal has awarded compensation to the tune of Rs.1,80,587/- with interest @ 6% per annum on account of injuries sustained by the appellant. 2. The facts of the present case, in brief, are that on 22.3.2015, when the appellant alongwith his brother were travelling on a motorcycle bearing registration No. C.G. 03-S-7978, a car bearing registration No. C.G. 04 -HB 3733, being driven rashly and negligently dashed the motorcycle of the injured, consequently, the appellant sustained multiple injuries including fracture of right knee, which led to permanent disability to the extent of 32%. 3. The claimant filed a claim case under Section 166 of the Motor Vehicles Act and claimed the compensation to the tune of Rs.20,00,000/- inter alia on the ground that he was self employed and earning Rs.12,000/- per month. The driver and owner of the offending vehicle as well as the Insurance Company filed their replies and denied the averments made in the main application. The Insurance Company took plea that the driver of the offending vehicle did not possess a valid and effective driving license. The learned Tribunal framed issues; parties led evidence and thereafter, an award was passed. 4. Learned counsel appearing for the appellant would submit that the learned Tribunal has assessed the notional income of the claimant Rs.5,000/- per month, which is at lower side. He would further contend that the learned Tribunal has not awarded compensation for future prospects and awarded a meagre amount under the conventional heads. He would pray to enhance the compensation. 3 5. On the other hand, learned counsel appearing for the Insurance Company would oppose the submissions made by counsel for the appellant. He would submit that the learned Tribunal has awarded just and proper compensation. It is also argued that the claimant failed to prove his monthly income by adducing documentary evidence. He would submit that the appeal deserves to be dismissed. 6. Heard learned counsel for the parties and perused the documents present on the record with utmost circumspection. 7. The learned Tribunal has assessed the monthly income of the claimant Rs.5,000/- per month, which is not in consonance with the minimum wages matrix applicable in the State of Chhattisgarh at the relevant time. The minimum wages admissible to an unskilled labourer in the month of March, 2015 was around Rs.5,200/-. Further, the learned Tribunal has not awarded compensation for future prospects when there was permanent disability and the learned Tribunal assessed the functional disability 7%. The learned Tribunal has awarded Rs.32,587/- towards medical expenses, Rs.20,000/- for pain and suffering, Rs.10,000/- for special diet, Rs.5,000/- for conveyance, Rs.20,000/- for attendant, Rs.30,000/- for loss of earning and Rs.63,000/- for loss of income due to permanent disability. The learned Tribunal has not awarded compensation for future medical expenses. The notional monthly income of the claimant is taken at Rs.5,200/-. The appellant would be entitled for an additional sum of Rs.5,000/- for special diet, Rs.5,000/- for conveyance and Rs.20,000/- for future medical expenses. However, no amount was awarded towards future medical expenses. 4 8. Admittedly, the learned Tribunal considered the age of the deceased to be 40 years at the time of the accident. The learned Tribunal ought to have added 25% for future prospects, according to law laid down by the Hon’ble Supreme Court in the matter of National Insurance Co. Ltd. v. Pranay Sethi and Ors, reported in (2017) 16 SCC 680 and on this count, the award requires reconsideration. This Court hereby computes the compensation in the following manner : Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this Court 1. Income Rs.5,000 x 12 = 60,000/- Rs.5,200 x 12 = 62,400/- 2. Loss of earning capacity (for permanent disability 7%) Rs.4,200/- Rs.4,368/- 3. Future prospects 25% Not awarded by the Tribunal 25% (1,092/-) (4,368 + 1,092/-) = Rs.5,460/- 4. Multiplier of 15 4,200 x 15 = Rs.63,000/- 5,460 x 15 = Rs.81,900/- 5. Pain & Suffering 20,000/- 20,000/- 6. Special diet 10,000/- 15,000/- 7. Transportation 5,000/- 10,000/- 8. Attendant 20,000/- 20,000/- 9. Loss of income during treatment 30,000/- 30,000/- 10. Future treatment Not awarded by the Tribunal 20,000/- 11. Medical Expenses 32,587/- 32,587/- TOTAL COMPENSATION Rs.1,80,587/- Rs.2,29,587/- 5 9. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs.1,80,587/- awarded by the tribunal is enhanced to Rs.2,29,487/-. Hence, after deducting the amount of Rs. 1,80,587/-, the appellant/claimant is held entitled for an additional amount of Rs.48,900/-. 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. The additional amount of compensation shall carry interest @ 6% per anuum from the date of filing of claim application before the Tribunal, till its realization. Rest of the conditions of impugned award shall remain intact. 10. 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