1 2025:CGHC:51305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 993 of 2022 Aman Kushvaha, S/o. Ajay Kushvaha, Aged About 15 Years, Through Legal Guardian, Her Father Ajay Kushvaha, Aged About 36 Years, S/o. Late Bharat Kushvaha, R/o.Birgaon, Thana-Urla, District : Raipur, Chhattisgarh ... Appellant versus 1 - Ram Sajeevan, S/o. Shri Narayan Kushvaha, Aged About 28 Years, Occupation-Auto Driver, R/o- New Rajendra Nagar Ward No. 1 Thana-Urla, Post-Birgaon, District : Raipur, Chhattisgarh 2- Harish Chandra Kushvaha, S/o. Ramsevak Kushvaha, Occupation-Auto Owner, R/o- New Rajendra Nagar, Ward No. 1 Thana-Urla, Post-Birgaon, District : Raipur, Chhattisgarh 3 - United India Insurance Company Limited Through Divisional Manager, Divisional Office-2 Amar Complex Jeevan Bima Marg Pandri Raipur, District : Raipur, Chhattisgarh ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.15 16:31:11 +0530 2 For Appellant : Mr. A.L.Singroul, Advocate For Respondent No.3 : Mr. P.R.Patankar, Advocate (Single Bench) 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 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 23.06.2022 passed by learned Eleventh Additional Motor Accident Claims Tribunal, Raipur, in Claim Case No.72/2017, by which the claim application of the claimant has been allowed and an amount of Rs.5,66,730/- has been awarded as compensation to the claimant along- with interest @ 9% per annum from the date of filing of claim application. 2. Mr. A.L.Singroul, learned counsel for the appellant/ claimant would submit that the claimant had suffered fracture in both legs and as per Ex.P-23, he had suffered 80% permanent disability. He would further submit that loss of income due to permanent disability has been taken as 40% by the Claims Tribunal, which should be taken as 60% and on the other 3 heads, such as, loss of life enjoyment, loss of marriage prospects, loss of mental agony and loss of income during treatment has not been awarded; therefore, the amount of compensation be suitably enhanced. 3. Mr. P.R.Patankar, learned counsel for the insurance company/respondent No.3 would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal awarded total compensation of Rs. 5,66,730/- under the different heads taking the disability of the appellant to the extent of 40%. However, considering the disability certificate Ex.P-23, in the opinion of this Court, disability will be to the extent of 60%. Thus, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of income Rs. 15,000/- per annum. Rs. 5,000 x 12 = Rs. 60,000/- per annum. 4 Future prospects @ 40% Nil Rs. 60,000 + 24,000 = Rs. 84,000/- Disability @ 40% = Rs. 4,00,000/- @ 60% = 50,400/- Multiplier Nil @18 = 50,400 x 18 = Rs.9,07,200/- Medical expenses Rs. 1,06,730/- Rs. 1,06,730/- Future medical expenses Rs. 20,000/- Rs. 50,000/- Pain & suffering Rs. 20,000/- Rs. 20,000/- Special diet Rs. 20,000/- Rs. 20,000/- For attendant Nil Rs. 5,000/- Loss of amenities Nil Rs. 10,000/- Loss of enjoyment of life Nil Rs. 10,000/- Loss of marriage prospects Nil Rs. 50,000/- Loss of mental agony Nil Rs. 20,000/- Loss of income during treatment Nil Rs. 10,000/- Total Rs. 5,66,730/- Rs. 12,08,930/- 6. In view of the aforesaid analysis, the amount of compensation of Rs. 5,66,730/- awarded by the Claims Tribunal is enhanced to Rs. 12,08,930/-. Hence, after deducting the amount of Rs. 5,66,730/-, the claimant is entitled for an additional amount of Rs. 6,42,200/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 5 months. The additional amount of compensation shall carry interest @ 9% 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. 7. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok