Page No.1 of 5 IN MAC-681-2022 2025:CGHC:61571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 681 of 2022 [Arising out of award dt. 08.03.2022, passed in Claim Case No.996/2019 (Smt. Bhukhiya Bai Sahu v. Badal Durga and others) by the Addl. Motor Accident Claims Tribunal, Raipur (CG)] Smt. Bhukhiya Bai Sahu W/o Shri Bhaiyaram Sahu Aged About 50 Years R/o Village Kumhari, Post Gaorbhath, Thana Aarng, Tahsil And, District : Raipur, Chhattisgarh ... Appellant Versus 1 - Badal Durga S/o Gangadhar Durga Aged About 43 Years Occupation Truck Driver, R/o R.K. Roadways Gurudwara Road, In Front Of Lukkad Petrol Pump Ring Road No. 2, Heerapur, Tahsil And District Raipur Chhattisgarh. (Driver Of The Offending Vehicle Truck No. C.G. 04/m.N./0477). (Driver) 2 - Ramesh Kumar Agrawal S/o Shri Barumal Agrawal Occupation Transporter, R/o R.K. Roadways Gurudwara Road, In Front Of Lukkad Petrol Pump Ring Road No. 2, Heerapur, Tahsil And District Raipur Chhattisgarh. (Owner Of The Offending Vehicle Truck No. C.G. 04/m.N./0477). (Owner) 3 - H.D.F.C. Ergo General Insurance Company Limited Through Branch Office, Devendra Nagar Mode, Sai Nagar, District Raipur Chhattisgarh. (Insurer Of The Offending Vehicle Truck No. C.G. 04/m.N./0477). ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellants : Mr. A.L. Singroul, Advocate For Respondent No.3 : Mr. Harshmandar Rastogi, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 5 IN MAC-681-2022 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 17.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants/claimants seeking enhancement of amount of compensation, challenging the impugned award dt. 08.03.2022, passed in Claim Case No.996/2019 (Smt. Bhukhiya Bai Sahu v. Badal Durga and others) by the Addl. Motor Accident Claims Tribunal, Raipur (CG), whereby learned Claims Tribunal has awarded a total sum of Rs.4,38,891/- as compensation to the appellant for the injuries sustained by her in an accident occurred on 20.02.2019. 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 the appellant as Rs.7800/- per month which should be Rs.8140/- as per Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Even, the learned Claims Tribunal has also erred in taking the disability of the appellant to the extent of 20%, which ought to have been 30%. 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 Page No.3 of 5 IN MAC-681-2022 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 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. Learned Claims Tribunal assessed the monthly income of appellant to be Rs.7800/-, 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 appellant should be Rs.8140/- PM (as per minimum wages prescribed at relevant time). Even, the learned Claims Tribunal has also erred in taking the disability of the appellant to the extent of 20%, which ought to have been 30%. Further, the learned Claims Tribunal has also erred in awarding less amount on other heads i.e. pain and suffering, transportation, special diet etc. Therefore, in the considered opinion of this Court, the amount of compensation awarded by the learned Claims Tribunal is liable to be enhanced. Page No.4 of 5 IN MAC-681-2022 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. Income Rs.7800 x 3 = Rs.23,400/- (loss of actual income) Rs.8140 x 5 = Rs.40,700/- (loss of actual income) 2. Future Prospect (+) 15% of 7800 (i.e. Rs.1170/-) = Rs.8970/- x 12 = Rs.1,07,640/- (+) 15% of 8140 (i.e. Rs.1221/-) = Rs.9361/- x 12 = Rs.1,12,332/- 3. Permanent Disability 20% of Rs.1,07,640/- = Rs.21,528/- 30% of Rs.1,12,332/- Rs.33,699/- 4. Multiplier (x) 11 = Rs.2,36,808/- (i.e. loss of income) (x) 11 = Rs. Rs.3,70,689/- (i.e. loss of income) 5. Medical Expenses Rs.1,06,483/- Rs.1,06,483/- 6. Attendant Rs.4500/- Rs.10,000/- 7. Special Diet Rs.2700/- Rs.5,000/- 8. Pain and suffering Rs.25,000/- Rs.50,000/- 9. Transport Rs.5,000/- Rs.7,000/- 10. Future treatment Rs.10,000/- Rs.15,000/- 11. Amenities Rs.25,000/- Rs.30,000/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 Page No.5 of 5 IN MAC-681-2022 Total Rs.4,38,891/- Rs.6,34,872/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.4,38,891/- awarded by the Claims Tribunal is enhanced to Rs.6,34,872/-. Hence, after deducting the amount of Rs.4,38,891/-, the appellant is held entitled for an additional amount of Rs.1,95,981/-. The concerned respondents are 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 @ 9% per annum from the date of claim application 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