1 2025:CGHC:51180 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 968 of 2023 Ku. Durga Sen, D/o Om Prakash Sen, Aged about 16 years, through her natural guardian (Father) Om Prakash Sen, S/o Baduram Sen, Aged about 36 years, R/o House No.1/18, Mazdoor Nagar, Sarora Birgaon, District Raipur (C.G.) (Claimant) ... Appellant versus 1. Man Singh Dhurve, S/o Kenwal Singh Dhurve, Aged about 30 years, Permanent Address- Village Khutatola, Anuppur, M.P., Present R/o Sondongri Bazar Chowk, Chedilal’s House, P.S. Kabir Nagar, Tahsil & District Raipur, C.G. (Driver of Vehicle No.CG-12/C-2195) 2. Ajay Kumar Sahu, S/o Roopchand Sahu, Aged about 45 years, R/o Village Sondongri, P.S. Kabir Nagar, Tahsil & District Raipur, C.G. (Owner of Vehicle No.CG-12/C-2195) 3. Branch Manager, Oriental Insurance Company Limited, Branch DO- 1 Raipur, 2nd Floor, Chawla Complex, Sai Nagar, Devendra Nagar Road, Raipur, C.G. (Insurer of the vehicle registration No. CG-12/C- 2195) ... Respondents For Appellant : Ms. Seema Verma, Advocate. For Respondent No.1 : None present, though served. For Respondent No.2 : Mr. Sangeet Kumar Kushwaha, Advocate on behalf of Mr. Akhand Pratap Pandey, Advocate. For Respondent No.3 : Mr. Anupam Dubey, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.10.15 16:24:35 +0530 2 Judgment on Board 14/10/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, ‘the Act of 1988’) has been preferred by the appellant herein/injured/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 10-3-2023 passed by the 8th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.46/2021, whereby the learned Claims Tribunal has awarded a total sum of ₹ 8,89,648/- as compensation for the injury sustained by claimant/injured Ku. Durga Sen, who is a student aged about 13 years at the time of incident, to the extent of 64% permanent injury. 2. The claimant has suffered 64% permanent injury in the accident occurred on 28-3-2019 as certified by Dr. Virendra Ku. Jha (AW-3) vide Ex.P-155(C) and the Claims Tribunal has awarded a total sum of ₹ 8,89,648/-. 3. Ms. Seema Verma, learned counsel appearing on behalf of the appellant herein/claimant, would submit that income of the appellant herein/claimant as taken by the Claims Tribunal is Nil and for loss of earning capacity as also for future prospects, nothing has been awarded by the Claims Tribunal. She would further submit that the injured is a student aged about 13 years at the time of incident and the learned Claims Tribunal ought to have taken her monthly income to be ₹ 8,660/- on the basis of notification issued under the Minimum Wages Act in the year 3 2021, whereas, it has been taken as NIL therefore, the amount of compensation be enhanced suitably. 4. Mr. Sangeet Kumar Kushwaha and Mr. Anupam Dubey, learned counsel appearing on behalf of respondents No.2 & 3 herein, respectively, would support the impugned award and oppose the appeal. 5. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with utmost circumspection. 6. The learned Claims Tribunal has assessed the monthly income of injured Ku. Durga Sen to be NIL, 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 injured should be ₹ 8,660/- (as per minimum wages prescribed at relevant time). 7. Thus, considering the evidence available on record and that the injured is a student aged about 13 years at the time of incident, 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. v. 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:- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 S. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court/New Calculation 1. Income NIL ₹ 8,660 x 12 = ₹ 1,03,920/- (Yearly Income) (Permanent disability 64%) 64% of 1,03,920 = ₹ 66,508/- 2. Future Prospect NIL (+) 40% of 66,508/- i.e. ₹ 26,603 total yearly income = ₹ 66,508 + 26,603 = ₹ 93,111/- 4. Multiplier NIL (x) 15 = ₹ 13,96,665/- 5. Treatment Expenses ₹ 1,84,648/- ₹ 1,84,648/- 6. Transport Expenses ₹ 10,000/- ₹ 25,000/- 7. Nutritious Food Expenses ₹ 10,000/- ₹ 25,000/- 8. Nursing Expenses ₹ 50,000/- ₹ 1,00,000/- 9. Loss of amenity of life ₹ 5,00,000/- ₹ 5,00,000/- 10. Future treatment ₹ 10,000/- ₹ 10,000/- 11. Marriage Prospect ₹ 1,00,000/- ₹ 3,00,000/- 12. Physical and mental pain ₹ 25,000/- ₹ 50,000/- Total ₹ 8,89,648/- ₹ 25,91,313/- 8. In view of the aforesaid analysis, the amount of compensation of ₹ 8,89,648/- awarded by the Claims Tribunal is enhanced to ₹ 25,91,313/-. Hence, after deducting the amount of ₹ 8,89,648/-, the appellant herein/claimant is held entitled for an additional amount of ₹ 17,01,665/-. 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 a copy of this order. The additional amount of compensation shall 5 carry interest @ 8% per annum from the date of filing of claim application before the Tribunal i.e. 7-1-2021 till its realisation. Rest of the conditions of the impugned award shall remain intact. 9. 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 Soma