Page No.1 of 4 IN MAC-382-2022 2025:CGHC:49675 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 382 of 2022 [Arising out of award dt. 01.11.2021, passed in claim Case No.110/2019 (Balgopal Sahu v. Bharat Singh Thakur and others) by the 1st Addl. Motor Accident Claims Tribunal, Mahasamund (CG)] Balgopal Sahu S/o Devram Sahu Aged About 24 Years R/o Village Saipala, Police Station, Tahsil And District - Nuapada (Odisha) ... Appellant Versus 1 - Bharat Singh Thakur S/o Labed Singh Thakur, Aged About 28 Years R/o Village - Lukupali, Police Station- Komakhan, Tahsil- Baghbahara, District - Mahasamund (C.G.) (Driver Of Vehicle Bolero Bearing Registration No. C.G./06/m/0669) 2 - Gulab Chand Sahu S/o Dhaneshwar Lal Sahu, Aged About 35 Years R/o Village - Kasekera, Police Station- Komakhan, Tahsil- Baghbahara, District- Mahasamund (C.G.) ( Registered Owner Of Vehicle Bolero Bearing Registration No. C.G./06/m/0669) 3 - The Branch Manager, The Shriram General Insurance Company Limited Through Branch Manager, Branch Office Maruti Heights, Fifth Floor, G.E. Road Beside Of Sky Automobile, Raipur District - Raipur (C.G.) Of ( Insurer Of Vehicle Bolero Bearing Registration No. C.G./06/m/0669) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Ms. Pooja Yadav, Advocate For Respondent No.1 & 2 : None though served. For Respondent No.3 : Ms. Harneet Kaur, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 06.10.2025 SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-382-2022 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant/claimant seeking enhancement of amount of compensation, challenging the impugned award dt. 01.11.2021, passed in claim Case No.110/2019 (Balgopal Sahu v. Bharat Singh Thakur and others) by the 1st Addl. Motor Accident Claims Tribunal, Mahasamund (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.2,88,610/- as compensation for the injuries sustained by the appellant in the accident occurred on 23.04.2019. 2. Learned counsel for the appellant would submit that learned Claims Tribunal has erred in awarding less amount of compensation in the facts of the case. Claims Tribunal erred in assessing income of deceased as Rs.4,500/- per month which ought to be Rs.8,920/-. Further, the learned Claims Tribunal has also erred in awarding less amount on other heads i.e. pain and suffering, transportation, special diet etc., which may also be enhanced suitably. Therefore, the instant appeal be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for the respondent would submit that the appellant have failed to prove nature of occupation and income by producing clinching and admissible piece of evidence, hence, the Tribunal is justified in assessing income of the appellant on notional basis. The amount of compensation awarded by the Claims Tribunal Page No.3 of 4 IN MAC-382-2022 is just and 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 went through the records with utmost circumspection. 5. In the case at hand, since the appellant has suffered severe injuries on his leg and other parts of the body and, due to which, he is not able to perform his daily work, it appears that the learned Claims tribunal has awarded less amount on the heads- loss of income due to injuries, pain and suffering, transportation and special diet, which in the considered opinion of this Court, is liable to be enhanced. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of Income due to injury for 6 months Rs.4,500 x 6 = Rs.27,000/- Rs.8920 x 6 = Rs.53,520/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.4 of 4 IN MAC-382-2022 2. Medical Expenses (+) Rs.2,27,610/- (+) Rs.2,27,610/- 3. Pain and suffering (+) Rs.10,000/- (+) Rs.15,000/- 4. Special Diet (+) Rs.5,000/- (+) Rs.10,000/- 5. Transportation (+) Rs.10,000/- (+) Rs.15,000/- 6. Attendant (+) Rs.9,000/- (+) Rs.9,000/- Total Rs.2,88,610/- Rs.3,30,130/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.2,88,610/- awarded by the Claims Tribunal is enhanced to Rs.3,30,130/-. Hence, after deducting the amount of Rs.2,88,610/-, the appellant is held entitled for an additional amount of Rs.41,520/-. The concerned respondent 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 @ 6% per annum from the date of filing of claim application i.e. 28.11.2019 before the Tribunal 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 s@if