1 MAC No. 1091 of 2022 2025:CGHC:54127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1091 of 2022  Hiralal Nishad S/o Shri Devsingh Nishad, Aged About 27 Years, R/o Village Lakhana, Post Sarora, Police Station Nevra, District : Raipur, Chhattisgarh. ... Appellant versus 1.Bhagwat Das S/o Ramdas Manikpuri, Aged About 37 Years, R/o Village Saddu, Police Station Dharsiwa, District Raipur, Chhattisgarh (Driver Of The Offending Vehicle Motorcycle Bearing Registration No. C.G.-04 Lr-0492). 2.Ramesh Nishad S/o Jarhu Nishad, R/o Village Lakhana, Post Sarora, Police Station Nevra, District : Raipur, Chhattisgarh (Owner Of The Offending Vehicle Motorcycle Bearing Registration No. C.G.-04 LR-0492). 3.ICICI Lombard General Insurance Company Limited Through Incharge Officer ICICI Lombard General Insurance Company Devendra Nagar, Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Motorcycle Bearing Registration No. C.G.-04 LR- 0492). ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.11.07 11:48:21 +0530 2 MAC No. 1091 of 2022 ... Respondents For Appellant :- Mr. Dashrath Kushwaha, Advocate. For Respondent No.3 :- Mr. Suraj Patel, Advocate, on behalf of Mr. Shekhar Rao Amin, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.11.2025 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 in the amount of compensation, challenging the impugned award dated 30.06.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 194/2018, whereby learned Claims Tribunal has awarded a total sum of 14,59,148/- ₹ as compensation along with interest to the injured claimant/appellant herein. 2.Mr. Dashrath Kushwaha, 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. He would 3 MAC No. 1091 of 2022 also submit that the Claims Tribunal has erred in assessing the income of the claimant as ₹5,500/- per month which should be 8,060/- as ₹ per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and also under the heads of special diet, transportation less amount has been awarded which is liable to be enhanced. He would further submit that under the heads of attender and wheel chair amount has not been awarded by the Claims Tribunal which is liable to be awarded and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3.Mr. Suraj Patel, learned counsel for the Insurance Company/respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. He would also submit that the amount of compensation awarded by the Claims Tribunal is just and proper which does not call for any interference. 4 MAC No. 1091 of 2022 4.I have heard learned counsel for the parties, considered their rival submissions made herein- above and gone through the records precisely. 5.The Claims Tribunal has assessed the income of the claimant to be ₹5,500/- however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹8,060/- (as per minimum wages prescribed at relevant time) and also under the other heads the amount is liable to be enhanced and awarded. As such, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income ₹5,500/- 8,060/- ₹ 2. Yearly Income ₹5,500 x 12 = 66,000/- ₹ ₹8,060 x 12 = 96,720/- ₹ 2. Multiplier 17 x 66,000 = 11,22,000/- ₹ 17 x 96,720= 16,44,240/- ₹ 3. Future Prospect 40% 11,22,000 + ₹ 4,48,800 = 15,70,800/- 16,44,240 + ₹ 6,57,696 = 23,01,936/- ₹ 4. Loss of earning capacity 50% ₹7,85,400/- ₹11,50,968/- 5 MAC No. 1091 of 2022 5. Medical expenses ₹5,96,748/- 5,96,748/- ₹ 6. Pain & suffering ₹ 10,000/- 10,000/- ₹ 7. Transportation ₹2,000/- 10,000/- ₹ 8. Special Diet ₹10,000/- 20,000/- ₹ 9. Future treatment ₹50,000/- 50,000/- ₹ 10. Incidental expenses ₹5,000/- 5,000/- ₹ 11. Attender Nil 10,000/- ₹ 12. Wheel Chair Nil 5,000/- ₹ Total ₹14,59,148/- 18,57,716/- ₹ 6.In view of the aforesaid analysis, the amount of compensation of 14,59,148/- ₹ awarded by the Claims Tribunal is enhanced to 18,57,716/- ₹ . Hence, after deducting the amount of ₹14,59,148/- , the appellant is held to be entitled to an additional amount of ₹3,98,568/-. The concerned respondent is directed to deposit the amount of compensation within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim application before the Tribunal till its realization. Rest 6 MAC No. 1091 of 2022 of the conditions of the impugned award shall remain intact. 7.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 Ankit