1 2025:CGHC:50834 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 550 of 2019 Rajendra Sharma S/o Late Dev Raj Sharma Aged About 37 Years R/o Sardar, Vallabh Bhai Patel Ward, Jagdalpur, Distict Bastar Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh ...Appellant versus 1 - Suresh Kumar Gupta S/o Late Badra Prasad Gupta Aged About 26 Years R/o Hatpadmoor, Sarpanchpara, Police Station Parpa, District Bastar Chhattisgarh (Driver), District : Bastar(Jagdalpur), Chhattisgarh 2 - Bali Ram Kashyap S/o Shri Somaram Kashyap Aged About 54 Years R/o Farsigaon, Post Bahurbel, Tahsil Bakawand, District Bastar Chhattisgarh, (Owner), District : Bastar(Jagdalpur), Chhattisgarh 3 - The Oriental Insurance Company Limited Through The Branch Manager Oriental Insurance Company Limited, Hotel Laxman Avenue, Kumharpara Road, Jagdalpur, District Bastar Chhattisgarh (Insurer ), District : Bastar(Jagdalpur), Chhattisgarh ... Respondent(s) For Appellant : Mr. Virendra Verma, on behalf of Mr. Pravin Kumar Dhurandhar, Advocate For Respondent No.3 : Mr. Pravin Kumar Tulsyan, Advocate 2 For Respondents No. 1 & 2 : None Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 13/10/2025 1. The appellant herein has filed this appeal for enhancement of compensation against award passed by the learned IInd Additional Motor Accident Claims Tribunal, Jagdalpur, District Bastar in Claim Case No. 39/2018, whereby the learned Tribunal has passed award to the tune of Rs.2,96,204/- with interest @ 9 % per annum on account of injury sustained by the appellant/claimant. 2. Learned counsel for appellant would submit that on 7.11.2016, at about 7.00 pm, victim was traveling on his motorcycle from Jatam and when he reached near village Lamni, the driver of offending vehicle namely Baliram Kashyap/ respondent No.2 driving the Tractor bearing registration No. CG-17 G- 4577 and Trolley bearing Registration No. CG-17-G-4585 rashly and negligently dashed the the motorcyle of the injured bearing registration No.CG-17-K-3005. Consequently, the injured sustained grievous injuries over right leg, thigh and other parts of the body. He would contend that the age of the injured at the time of accident was 37 years and earning Rs. 9,000/- per month through Transport business. He would contend that the appellant remained hospitalized in Maharani Hospital -cum- Medical College, Jagdalpur from 07.11.2016 to 08.11.2016. Further, from 09.11.2016 to 15.11.2016 3 at a Hospital in Vishakhapattnam, Andhra Pradesh. He would further submit that the learned Tribunal has assessed notional income of the injured 4500/-. He would further submit that as per Ex.A-25, Disability Certificate, the medical Board certified the disability of the appellant to the extent of 54 % on account of injury sustained over right leg. The learned Tribunal has assessed the functional disability of the appellant to the extent 18 %. He would contend that the learned Tribunal has considered notional income of the injured/claimant to the tune of Rs.4500/- per month, whereas as per minimum wages matrix, the minimum wages payable to an unskilled labourer was Rs.6200/-. He would further submit that the learned Tribunal has not awarded compensation for future prospect. It is also submitted that on other conventional heads, the learned Tribunal has awarded meagre amount; thus, he would pray to enhance the compensation accordingly. 3. On the other hand, learned counsel appearing for the respondent No.3 would contend that the learned Tribunal has granted just and proper compensation to the claimant/appellant. He would pray that the instant appeal deserves to be dismissed. 4. Heard. 5. Admittedly, the appellant/claimant sustained bony injuries over right leg. He remained hospitalized for 09 days. Medical Disability Certificate has been issued by the medical board and same has been proved by Dr. Lakhan Thakur (AW/2), wherein he assessed his functional disability 4 to the extent of 18 % and the nature of disability permanent. 6. The learned Tribunal has considered the notional income of the injured Rs.4500/- which appears to be at lower side looking to the minimum wages payable to the unskilled labourer in the month of November, 2016, which was Rs.6200/-. The learned Tribunal has not awarded compensation for future prospect and awarded meagre amount for loss of earning; future medical expenses, pain and suffering, special diet and conveyance; thus, the compensation granted by the learned Tribunal requires reconsideration and same is being revisited as under:- Sr. No. Heads Compensation awarded by Tribunal Compensation awarded by this COurt 1. Income Rs.4,500 x12 = Rs. 54,000/- Rs. 6,200 x 12 = Rs. Rs. 74,400/- 2. Future Prospect NIL 40 % 29,760 3. Total Income including future prospect NIL Rs.1,04,160/- 4. Loss of efficiency 18 % 18% 5. Multiplier 15 15 6. Loss of Income x Multiplier (54,000 x 18 % ) x 15 = 1,45,000/- Rs. 2,81,232/- 7. Medical Exp. Rs.1,20,904/- Rs.1,20,904/- 8. Pain and suffering Rs.5,000/- Rs.20,000/- 9. Special died Rs.5,000/- Rs.10,000/- 5 10 Travelling Exp. Rs.5,000/- Rs.10,000/- 11. Attendant Rs.5,000/- Rs.10,000/- 12. Future Treatment Rs.5,000/- Rs.20,000/- 13. Loss of Earning Rs.4,500/- Rs.10,000/- Total Rs. 2,96,204/- Rs. 4,82,136/- Less the already awarded amount Rs. 4,82,136 – 2,96,204= Rs.1,85,932/- In view of the above calculations, the total compensation payable to the claimant is assessed at Rs. 4,82,136/-. Since a sum of Rs. 2,92,204/- has already been awarded to the claimant, the balance amount of Rs. 1,85,932/- shall be payable in addition thereto. 7. The Insurance Company is directed to make payment of additional compensation assessed herein-above within period of 60 days, failing which, the said amount shall carry an interest @ 18% p.a. 8. Accordingly, the appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- Rakesh Mohan Pandey JUDGE Nadim