1 2025:CGHC:51304 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 179 of 2022 Avinash Kumar S/o Ram Pravesh Prasad Aged About 27 Years R/o Aadars Vihar Colony Near New Talab Guriyari Raipur Tahsil And District Raipur Chhattisgarh. ... Appellant/Claimant versus 1 - Guljar Singh S/o Karnal Singh R/o Shri Ram Nagar Mandir Hasoud, Thana Mandir Hasoud Raipur Tahsil Adn District Raipur (Chhattisgarh). (Driver Of The Offending Vehicle No. C.G.04/j.B./2014 2 - J.S. Infrastructure And Lonis 2 Thorugh Proprietor Gurjinder Singh. R/o Jora Pirda Road Village Chherikhedi Raipur, Tahsil And District Raipur Chhattisgarh. (Registered Owner Of The Offending Vehicle No. C.G.04/j.B./2014) 3 - The National Insurance Company Limited, Through Divisional Manager, Divisioinal Office, Kachehari Chowk Jel Road Raipur, District Raipur Chhattisgarh. (Insurer Of The Offending Vehicle No. C.G.04/j.B./2014) ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.10.15 15:41:20 +0530 2 For Appellant : Mr. A.L. Singroul, Advocate For Respondent No. 3 : Mr. Akash Shrivastava, 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 30/11/2021 passed by learned 6th Additional Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Case No. 718/2016, whereby learned Claims Tribunal has awarded a total sum of Rs. 10,68,909/- 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 deceased has been assessed as Rs. 6,000/- whereas it ought to be Rs. 6,289/- as per the minimum wage notification prevalent on the date of the accident. He would further submit that the Claims Tribunal has erred in not granting any compensation under loss of furture medical treatment and loss of amenities of life whereas Rs. 50,000/- ought to have been granted to the 3 appellant/claimant under each of these heads, therefore, the amount of compensation as 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. 6,000/-, however, in the opinion of this Court, his monthly income should be Rs. 6,289/- (as per minimum wages prescribed at relevant time) and Rs. 75,468/- per annum. Moreover, Rs. 50,000/- each ought to be granted to the appellant/claimant under the heads of loss of future treatment and loss of amenities of life. 6. Thus, in light of the aforesaid discussion, this Court is computing the compensation as stated below:- 4 Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income Rs. 6,000/- x 12 = Rs. 72,000/- Rs. 6,289/- x 12 = Rs. 75,468/- 2. Future Prospect (+) 40% of Rs.7,200/- (10% permanent disability) = Rs. 2,880/- (+) 40% of Rs. 7,547/- (10% permanent disability) = Rs. 3,019/- 3. Income including future prospect Rs. 7,200/- + Rs. 2,880/- = Rs. 10,080/- Rs. 7,547/- + Rs. 3,019/- = Rs. 10,566/- 4. Multiplier (x) 17 = Rs. 1,71,360/- (x) 17 = Rs. 1,79,622/- 5. Loss of income during treatment for 3 months Rs. 18,000/- Rs. 18,867/- 6. Medical Bills Rs. 7,99,549/- Rs. 7,99,549/- 7. Pain and Suffering Rs. 20,000/- Rs. 50,000/- 8. Special Diet Rs. 20,000/- Rs. 20,000/- 9. Transportation Rs. 20,000/- Rs. 20,000/- 10. Assistance Rs. 20,000/- Rs. 20,000/- 11. Future Medical Treatment NIL Rs. 50,000/- 12. Loss of Amenities in Life NIL Rs. 50,000/- 13. Loss of enjoyment of life NIL Rs. 20,000/- 14. Loss of marriage prospect NIL Rs. 50,000/- Total Rs. 10,68,909/- Rs. 12,78,038/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 10,68,909/- awarded by the Claims 5 Tribunal is enhanced to Rs. 12,78,038/-. Hence, the appellant is held entitled for an additional amount of Rs. 2,09,129/-. 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 @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 03/11/2016 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