1 2025:CGHC:51303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 518 of 2022 Kailash Kumar Prajapati @ Kailash Kumhar S/o Shri Ramdular Kumhar, Aged About 18 Years R/o Village Aara, Police Station Rajpur, Tahsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh) ... Appellant/Claimant versus 1 - Rajesh @ Bhondu Bargah S/o Nawal Sai Aged About 20 Years Occupation- Driver R/o Village Aara (Near Nawapara Chowk) P.S. Bariyon, Tahsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 2 - Sohar Sai, S/o Late Ghuran Gond, Aged About 62 Years R/o Village Aara (Near Nawapara Chowk) P.S. Bariyon, Tahsil Rajpur, District Balrampur Ramanujganj (Chhattisgarh), District : Balrampur, Chhattisgarh 3 - The Branch Manager, Ifco Tokio General Insurance Company Ltd. Branch Office M.M. Silver Plaza Second Floor In Front Of Udyog Bhawan Ring Road No. 1 Raipur, District Raipur (Chhattisgarh), District : Raipur, Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.15 15:41:18 +0530 2 For Appellant : Mr. Shubham Tiwari on behalf of Mr. A.N. Pandey, Advocate For Respondent No. 3 : Mr. P.R. Patankar, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 15.10.2025 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 18/01/2021 passed by learned 2nd Additional Motor Accident Claims Tribunal, Ambikapur, District Sarguja (C.G.) in Claim Case No. 12/2019, whereby learned Claims Tribunal has awarded a total sum of Rs. 8,68,318/- as compensation to the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the trial Court has erred in granting less compensation as the monthly income of the appellant has been assessed as Rs. 4,500/- whereas it ought to be Rs. 7,930/- as per the minimum wage notification prevalent on the date of the accident, therefore, the amount of compensation as awarded by the Claims Tribunal may suitably be enhanced. 3 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 appellant to be Rs. 4,500/-, however, in the opinion of this Court, his monthly income should be Rs. 7,930/- (as per minimum wages prescribed at relevant time) and Rs. 95,160/- per annum. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as stated below:- Sr. No . Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 4,500/- x 12 = Rs. 54,000/- Rs. 7,930/- x 12 = Rs. 95,160/- 2. Future Prospect (+) 40% i.e. Rs. 21,600/- = Rs. 75,600/- (+) 40% i.e. Rs. 38,064/- = Rs. 1,33,224/- 3. Permanent disability 55% i.e. Rs. 41,580/- 55% i.e. Rs. 73,273/- 4. Multiplier (x) 18 = (x) 18 = 4 Rs. 7,48,440/- Rs. 13,18,917/- 5. Medical Expenses Rs. 35,378/- Rs. 35,378/- 6. Pain and Suffering Rs. 40,000/- Rs. 50,000/- 7. Transportation Rs. 10,000/- Rs. 15,000/- 8. Special Diet Rs. 10,000/- Rs. 20,000/- 10. Assistance Rs. 10,000/- Rs. 20,000/- 11. Loss of 3 months income Rs. 13,500/- Rs. 23,790/- Total Rs. 8,68,318/- Rs. 14,83,085/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 8,68,318/- awarded by the Claims Tribunal is enhanced to Rs. 14,83,085/-. Hence, the appellant is held entitled for an additional amount of Rs. 6,14,767/-. 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 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. 05/01/2019 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