1 2025:CGHC:54673 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1427 of 2023 Panna Lal, S/o. Chandan Lal, Aged About 57 Years, Village- Birkoni, Thana Naila, Tahsil- Akaltara, District- Janjgir-Champa (Chhattisgarh) (Claimant) ... Appellant versus 1 - Jairam Sinha, S/o. Sarju Sinha, Aged About 57 Years, R/o- L.I.G.-48, Ravishankar Nagar- Korba, Thana- Manikpur, District- Korba (C.G.) (Driver Of The Offending Vehicle Car No. C.G. 12/A.P./7159) 2 - Manish Sinha, S/o. Jairam Sinha, Aged About 33 Years, R/o- L.I.G.- 48, Ravishankar Nagar- Korba, Thana- Manikpur, District- Korba (C.G.) (Owner Of The Offending Vehicle Car No. C.G. 12/A.P./7159) 3 - Branch Manager, The Oriental Insurance Company Limited, Branch Office, Rama Trade Center, 1st Floor Old Bus Stand, In Front Of Rajeev Plaza, Thana- Civil Line, District- Bilaspur (C.G.) (Insurer Of The Offending Vehicle Car No. C.G. 12/A.P./7159) ... Respondents For Appellant : Mr. A.L.Singroul, Advocate For Respondent No.3 : Mr. Deepak Gupta, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.10 16:16:26 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 10.11.2025 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 01.04.2023, passed by learned First Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No.171/2022, by which claim application of the appellant has been allowed and only Rs. 2,68,468/- has been awarded for the injuries suffered by the appellant. 2. Mr. A.L.Singroul, learned counsel for the appellant/ claimant would submit that the appellant was working as Mason and he was remained hospitalized from 06.11.2021 to 26.11.2021, therefore, the amount of compensation deserves to be enhanced. 3. Mr. Deepak Gupta, learned counsel for the insurance company/respondent No.3 would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. Learned Claims Tribunal has awarded total compensation of Rs. 2,68,468/- under the different heads taking the income of the appellant as Rs. 9,280/- per month as unskilled labour, whereas the appellant was semi-skilled labour working as mason, therefore, the income of the appellant ought to have been taken as Rs.9,930/- per month. Thus, this Court is computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss of income Rs. 9,280/- per month for 4 months comes Rs. Rs.37,120/- Rs. 9,930/- per month for 6 months comes to Rs. 59,580/- Medical expenses Rs. 1,99,348/- Rs. 1,99,348/- Pain & suffering Rs. 15,000/- Rs. 35,000/- Special diet Rs. 5,000/- Rs. 10,000/- Transporting expenses Rs. 7,000/- Rs. 15,000/- Attendants Rs. 5,000/- Rs. 10,000/- Loss of amenities Nil Rs. 10,000/- For mental agony Nil Rs. 10,000/- Total Rs. 2,68,468/- Rs. 3,48,928/- 4 6. In view of the aforesaid analysis, the amount of compensation of Rs. 2,68,468/- awarded by the Claims Tribunal is enhanced to Rs. 3,48,928/-. Hence, after deducting the amount of Rs. 2,68,468/-, the claimant is entitled for an additional amount of Rs. 80,460/-. The concerned respondent 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 @ 9% 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. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok