1 2025:CGHC:50136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2030 of 2023 Prabhakar Pradhan S/o Late Niranjan Pradhan Aged About 55 Years R/o Mig-01, 16/4, Ward No. 25, Jawahar Nagar, Police Station Vaishali Nagar, Tahsil And District Durg (C.G.) ... Appellant/Claimant versus 1 - Anil Sharma S/o Late Bharat Sharma Aged About 29 Years R/o Shramik Nagar, Thethewara Para, A.C.C. Chowk, Jamul, Tahsil And District Durg (C.G.) (Driver Of The Offending Vehicle No. Cg 07, Bs 2430) 2 - Smt. Geeta Sharma W/o Sanjay Sharma R/o Shramik Nagar, Thethewara Para, A.C.C. Chowk, Jamul, Tahsil And District Durg (C.G.) (Owner Of The Offending Vehicle No. Cg 07 Bs 2430) 3 - Tata A.I.G. General Insurance Company Limited Through Branch Manager, Shiv Arpan Complex, Second Floor, 18/14, Dakshin Gangotri, Bhilai, District Durg (C.G.) (Insurer Of The Offending Vehicle No. Cg 07 Bs 2430) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.09 16:28:51 +0530 2 For Appellant : Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 : Ms. Harneet Kaur on behalf of Mr. Sourabh Sharma, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 08.10.2025 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 26/08/2023 passed by learned 8th Motor Accident Claims Tribunal, Durg (C.G.) in Claim Case No. 432/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 1,80,000/- 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 appellant suffered fracture in his right knee on account of the accident and suffered 14% permanent disability (Ex. P/1) , however, the Claims Tribunal has not calculated his loss of earning and also erred in assessing monthly income of the appellant/claimant as Rs. 8,000/- which ought to have be Rs. 8,320/- as per the minimum 3 wages notification, therefore, the compensation awarded by the Claims Tribunal may suitably be enhanced. 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 deceased to be Rs. 8,000/-, however, in the opinion of this Court, his monthly income should be Rs. 8,320/- (as per minimum wages prescribed at relevant time). Moreover, the Claims Tribunal has recorded a finding that the fact of permanent disability suffered by the appellant/claimant to the extent of 14% has not been found proved and therefore, his loss of earning has not been calculated, however, the permanent disability certificate issued by the Medical Board (Ex. P/1) has been brought on record by the appellant/claimant and Dr. Akhilesh Yadav (A.W.-1) has also been examined who has stated that appellant has 4 suffered 14% permanent disability and therefore, appellant/claimant’s loss of earning capacity would be 5%. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of earning NIL Rs. 8,320/- + 10% (future prospect) = Rs. 9,152/- x 12 = Rs. 1,09,824 x 5% (loss of earning capacity) = Rs. 5,491/- x 11 (multiplier) = Rs. 60,401/- 2. Loss during treatment Rs. 8,000/- x 5 = Rs. 40,000/- Rs. 8,320/- x 5 = Rs. 41,600/- 3. Mental and Physical Agony, Transportation, Healthy Diet and Assistance Rs. 46,900/- Rs. 1,00,000/- 4. Medical Bills Rs. 93,100/- Rs. 93,100/- 5. Future Medical Treatment NIL Rs. 20,000/- Total Rs. 1,80,000/- Rs.3,15,101/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 1,80,000/- awarded by the Claims 5 Tribunal is enhanced to Rs. 3,15,101/-. Hence, the appellant is held entitled for an additional amount of Rs. 1,35,101/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days 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. 26/08/2023 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