1 2025:CGHC:51297 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1058 of 2023 Satish Kumar Kashyap, S/o. Jamuna Kashyap @ Jamuna Prasad, Aged About 24 Years, Occupation – Business, Presently – Nil, Due To Accident He Is Physically And Mentally Disable Through Natural Guardian Father Jamuna Kashyap @ Jamuna Prasad, S/o. Late Dhru Sao, Aged About 50 Years, Occupation – Business, R/o. Village And Post - Vijaynagar, P.S. And Tahsil Ramanujganj, District Balrampur Ramanujganj, Chhattisgarh. -- Claimant ... Appellant versus 1 - Belal Khan, S/o. Sahaldin, Aged About 27 Years, Occupation – Driver, R/o. Village And Post - Vijaynagar, P.S. And Tahsil Ramanujganj, District Balrampur – Ramanujganj, Chhattisgarh. -- Driver 2 - Suresh Gupta, S/o. Indradev Gupta, Aged About 55 Years, Occupation – Agriculture, R/o. Village - Nawadih, Post – Krishnanagar, P.S - Trikunda, Tahsil - Ramanujganj, District - Balrampur - Ramanujganj Chhattisgarh. – Owner ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.15 16:31:11 +0530 2 3 - The Divisional Manager, United India Insurance Company Limited, Division Office - Brahm Road Near Kumkum Hotel, Nagar, P.S. And Tahsil - Ambikapur, District Surguja Chhattisgarh. -- Insurer ... Respondents For Appellant : Mr. Shubham Tiwari, Advocate on behalf of Mr. A.N.Pandey, Advocate For Respondent No.3 : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N.Nande, 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 31.03.2023 passed by learned Third Additional Motor Accident Claims Tribunal, Surguja, Ambikapur, in Claim Case No.85/2020, by which the claim application of the claimant has been allowed and an amount to the tune of Rs.17,97,604/- has been awarded as compensation to the claimant along-with interest @ 6% per annum from the date of filing of claim application. 3 2. Mr. Shubham Tiwari, learned counsel for the appellant/ claimant would submit that the learned Claims Tribunal has not properly awarded the medical expenses, expenses of attendant, transportation expenses and future medical expenses and further loss of income has also not been assessed properly. Therefore, the amount of compensation deserves to be enhanced suitably. 3. Mr. Abhishek Mishra, 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. A careful perusal of the record would show that the learned Claims Tribunal has assessed the monthly income of deceased to be Rs.7,000/- per month; however, in the opinion of this Court, as per the minimum wages notification issued by the office of the Labour Commissioner, Chhattisgarh, the income of the deceased should be taken as Rs.8,600/-. Thus, this Court is computing the compensation as below:- 4 Heads Compensation awarded by the Tribunal Compensation awarded by this Court For medical expenses Rs. 11,85,604/- Rs. 11, 85,604/- For transportation Rs. 60,000/- Rs. 80,000/- For expenses of attendant Rs. 50,000/- Rs. 60,000/- For food and nutrition Rs. 50,000/- Rs. 60,000/- For mental and physical pain & suffering Rs. 1,00,000/- Rs. 1,10,000/- For loss of income (3 years) Rs. 2,52,000/- (7000 x 36) Rs. 3,09,600/- (8,600 x 36) For future treatment 1,00,000/- Rs. 1,20,000/- Total Rs. 17,97,604/- Rs. 19,25,204/- 6. In view of the aforesaid analysis, the amount of compensation of Rs.17,97,604/- awarded by the learned Claims Tribunal is enhanced to Rs. 19,25,204/-. Hence, after deducting the amount of Rs. 17,97,604/-, the claimant is entitled for an additional amount of Rs. 1,27,600/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 6% per annum from the date of filing of claim 5 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