Extracted from the PDF above. The PDF is authoritative.
1 MAC No. 182 of 2023
2025:CGHC:50681
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 182 of 2023 1.Manohar Lal Sahu S/o Hajari Lal Sahu, Aged About 50 Years, R/o Ward No. 7, Near Railway Fatak, Manendragarh, Police Station Manendragarh, District : Koriya, Chhattisgarh.
... Appellant versus 1.Uday Singh S/o Basant Singh, Aged About 23 Years, R/o Patna (Chitmarpara) Police Station Baikunthpur, District : Koriya, Chhattisgarh. 2.Sanjay Kumar Singh S/o Kailash Singh, Aged About 42 Years, R/o Village Kharwat Chhinddant, Police Station Baikunthpur, District : Koriya, Chhattisgarh. 3.Branch Manager, Iffco Tokiyo General Insurance Company Ltd., 1 Galaxy Vyapar Bihar Road Near I.C.I.C. Bank Bilaspur, District : Bilaspur, Chhattisgarh.
... Respondents For Appellant :- Mr. Amit Kumar Dubey, Advocate. For Respondent No.3 :- Ms.
Nikita
Dubey, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.10.14 10:55:08 +0530
2 MAC No. 182 of 2023 SB- Hon'ble Shri Justice Sanjay K. Agrawal
Judgment On Board 10.10.2025
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 in the amount of compensation, challenging the impugned award dated 08.07.2022 passed by the 1st Additional Motor Accident Claims Tribunal, Manendragarh, District Koriya, Chhattisgarh (for short
“Claims Tribunal”) in Claim Case No. 26/2021, whereby learned Claims Tribunal has awarded a total sum of 13,98,314/- ₹ as compensation along with interest to the injured claimant/appellant herein. 2. Mr. Amit Kumar Sahu, 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. He would also submit that the Claims Tribunal has erred in assessing the income of the claimant as 5,000/- per month which should be 7,900/- ₹ ₹
3 MAC No. 182 of 2023 as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh and, therefore, the compensation awarded by the Claims Tribunal is liable to be enhanced. 3. Ms. Nikita Dubey, learned counsel for respondent No.3, would oppose the prayer made by learned counsel for the appellant and support the impugned award. She would also submit that the amount of compensation awarded by the Claims Tribunal 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 gone through the records precisely. 5. The Claims Tribunal has assessed the income of the claimant to be ₹5,000/- however, in the opinion of this Court, as per the Chhattisgarh Minimum Wages Notification issued by the office of Labour Commissioner, Chhattisgarh, the monthly income of the deceased should be ₹7,900/- (as per minimum wages prescribed at
4 MAC No. 182 of 2023 relevant time) and as per the medical report and admitted by the Claims Tribunal, the claimant has suffered 80% disability, so the monthly income of the claimant would be 6,320/- (80% of 7,900/-). As such ₹ , the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court
1. Loss
of income ₹5,000 x 12 =
60,000/- ₹ ₹6,320 x 12 = 75,840/- ₹
2. Multiplier 13 = 7,80,000/- ₹ 13 = 9,85,920/-
2.
Medical Expenses ₹5,83,314/- 5,83,314/- ₹
3. Pain
and suffering ₹10,000/- 10,000/- ₹
4. Special diet ₹5,000/- 5,000/- ₹
5. Transportati on ₹10,000/- 10,000/- ₹
6. Attendant charge ₹10,000/- 10,000/- ₹ Total ₹13,98,314/- ₹16,04,234/-
6. In view of the aforesaid analysis, the amount of compensation of ₹13,98,314/- awarded by the Claims Tribunal is enhanced to 16,04,234 ₹ /-. Hence, after deducting the amount of ₹13,98,314/-, the appellant is held to be entitled to an additional amount of
5 MAC No. 182 of 2023 ₹2,05,920/-. The concerned respondent is
directed to deposit the amount of compensation within a period of three months 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 before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
7. 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 Ankit