1 2025:CGHC:61284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1835 of 2023 Bhaskar Tiwari S/o Jeevan Lal Tiwari Aged About 45 Years R/o Vishnu Nagar Ward No. 12, Post-Near Of Mata Chaura Kududand, Police Station - Civil Line, Tahsil And District Bilaspur (C.G.) ... Appellant/Claimant versus 1 - Shankar Das Manikpuri S/o Chhedidas Manikpuri Aged About 33 Years R/o Lodhipara, Sarkanda, Police Station - Sarkanda, Tahsil And District Bilaspur (C.G.), (Driver Of The Vehicle Car No. C.G. 10-Al-5177) 2 - Sandip Rao Bhosale S/o Harihar Rao Bhosale Aged About 50 Years R/o Tilak Nagar, River Bank, Chantapara, Near Of House Of Dr. Devras, Police Station - City Kotwali, District Bilaspur (C.G.), (Owner Of The Vehicle Car No. C.G. 10-Al-5177) 3 - National Insurance Company Limited Through Branch Manager, Branch Office - Upper Of Kenara Bank, Vyapar Vihar HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.12.17 11:12:40 +0530 2 Road, Bilaspur, Police Station - Civil Line, Tahsil And District - Bilaspur (C.G.) (Insurer Of The Vehicle Car No. C.G. 10-Al-5177) ... Respondent(s) For Appellant :Mr. Anand Kesharwani, Advocate For Respondent No. 3 :Mr. P. Dutta on behalf of Mr. G.V.K. Rao, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 16.12.2025 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 of compensation, challenging the impugned award dated 11/07/2023 passed by learned 1st Upper Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Case No. 593/2021, whereby learned Claims Tribunal has awarded a total sum of Rs. 6,49,035/- as compensation to the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal has erred in assessing the monthly income of the appellant as Rs. 8,600/- whereas it ought to be Rs. 8,860/- as per the minimum wages notification prevalent on the date of the accident and 3 further the Claims Tribunal has erred in holding that appellant/claimant suffered 25% permanent disability whereas it has been clearly mentioned in the disability certificate (Ex. P/96) that appellant has suffered 40% permanent disability, therefore, the amount of compensation may suitably be enhanced. 3. Learned counsel for respondent No. 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 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 has assessed the income of the appellant as Rs. 8,600/-, however, as per the minimum wage notification, it should be Rs. 8,860/- and further, as per the disability certificate (Ex. P/96), the appellant is said to have suffered 40% permanent disability which has been proved by Dr. S.K. Chandel (P.W.-2) who has clearly stated that disability suffered by the appellant cannot be cured. 6. In view of the aforesaid discussion, this Court is computing the compensation as below :- 4 Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 8,600/- x 12 = Rs. 1,03,200/- Rs. 8,860/- x 12 = Rs. 1,06,320/- Future Prospect (+) 25% i.e. Rs. 25,800/- = Rs. 1,29,000/- (+) 25% i.e. Rs. 26,580/- = Rs. 1,32,900/- Disability 25% = Rs. 32,250/- 40% = Rs. 53,160/- Multiplier (x) 14 = Rs. 4,51,500/- (x) 14 = Rs. 7, 44, 240/- Medical Bills Rs. 1,37,535/- Rs. 1,37,535/- Attendant, Travelling and Diet Rs. 35,000/- Rs. 50,000/- Pain and Suffering Rs. 25,000/- Rs. 50,000/- Loss of Amenities Rs. 25,000/- Rs. 50,000/- Total Rs. 6,49,035/- Rs. 10,31,775/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 6,49,035/- awarded by the Claims Tribunal is enhanced to Rs. 10,31,775/-. Hence, the appellant/claimant is held entitled for an additional amount of Rs. 3,82,740/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 3 months 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 filing of claim application before the Tribunal i.e. 10/01/2021 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 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 Harneet