1 2025:CGHC:52747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 902 of 2022 Sitaram Kushwaha, S/o. Baburam Kushwaha, Aged About 25 Years, Caste Koir, Occupation Cultivator, Resident Of Village Kaknesha, Police Station Basantpur, District Balrampur- Ramanujganj, Chhattisgarh ... Appellant versus 1 - Rajat Kumar Sidar, S/o. Mukund Murari Sidar, Aged About 22 Years, Occupation Driver, Resident Of Block Colony, Pratappur, Police Station And Tahsil Pratappur, District Surajpur, Chhattisgarh (Driver Of Vehicle No. C.G.-15-CQ-2822) 2 - Mukund Murari Sidar, S/o. Daduram, Aged About 50 Years, Resident Of Pratappur, Police Station And Tahsil Pratapur, District Surajpur, Chhattisgarh (Owner Of Vehicle No. C.G-15-C Q-2822) 3 - Ifco Tokyo General Insurance Company Limited, Ifco Tokyo Plot No. 3, Sector 29, Gurugram 122001 (Haryana) (Insurer Of Vehicle No. C.G -15-C Q-2822) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.10.30 15:48:28 +0530 2 For Appellant : None for the Appellant For Respondent No.1 & 2 : Mr. Pavas Sharma, Advocate For Respondent No.3 : Ms. Shrejal Gupta, Advocate on behalf of Mr. Vaibhav Shukla, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 29.10.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 12.10.2021 passed by learned First Additional Motor Accident Claims Tribunal, Surajpur, in Claim Case No.62/2019, as only Rs. 3,28,600/- has been awarded for the permanent disability to the extent of 15% sustained by the appellant on his left leg. 2. None appeared nor any representation is made on behalf of the appellant even in the second round of hearing. 3. Heard learned counsel appearing for the respondents and gone through the records minutely. 4. Learned Claims Tribunal has awarded total compensation of Rs. 3,28,600/- under the different heads taking the disability 3 of the appellant to the extent of 15% and assessing the income of the appellant/claimant to be Rs.6,000/- per month. However, after going through the record, I am of the considered opinion that the income of the deceased should be taken as Rs.7,800/- per month as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Thus, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of income Rs. 6,000 x 12 = Rs. 72,000/- per annum. Rs. 7,800 x 12 = Rs. 93,600/- per annum. Future prospects @ 40% Nil Rs. 93,600 + 37,440 = Rs. 1,31,040/- Disability @ 15% Rs. 10,800/- Rs. 19,656/- Multiplier of 17 Rs. 10,800 x 17 = Rs. 1,83,600/- Rs. 19,656 x 17 = Rs. 3,34,152/- For treatment Rs. 86,000/- Rs. 86,000/- For nutritious food Rs. 4,000/- Rs. 4,000/- For attendant Rs. 4,000/- Rs. 4,000/- For traveling Rs. 3,000/- Rs. 3,000/- For loss of income during bed ridden period Rs. 6,000 x 3 = 18,000/- Rs. 7,800 x 3 = Rs. 23,400/- For expectation of life Rs. 15,000/- Rs. 15,000/- 4 For pain & suffering Rs. 15,000/- Rs. 15,000/- Total Rs. 3,28,600/- Rs. 4,84,552/- 5. In view of the aforesaid analysis, the amount of compensation of Rs. 3,28,600/- awarded by the Claims Tribunal is enhanced to Rs. 4,84,552/-. Hence, after deducting the amount of Rs. 3,28,600/-, the claimant is entitled for an additional amount of Rs. 1,55,952/-. The respondent/ insurance company is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months. The additional amount of compensation shall carry interest @ 8% 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. 6. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 7. Since the appellant/claimant is not represented through his counsel, copy of this judgment be sent to the appellant/claimant for information. Sd/- (Sanjay K. Agrawal) Judge Ashok