1 2025:CGHC:59465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 86 of 2021 Shrawan Gadhewal S/o Devrilal Aged About 38 Years R/o Village Pandripara, Ghutku, Post Ghutku, Police Station Koni District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh. ... Appellant versus 1 - Ramratan Singh Gond S/o Ramvilas Singh Gond (Ramrati S/o Rambelash) Aged About 38 Years R/o Dumhan, Post Rajkhad, Police Station Duddhi Dumhan, District Sonbhandra Uttarpradesh (Driver Truck No. C. G. 15-D A- 4999), District : Sonbhadra, Uttar Pradesh 2 - Sunil Kumar Sahu S/o Ramprasad Sahu Aged About 32 Years R/o House No. 14, C/o Sunil Kirana Stores, Laxmipur, Bilaspur Road, Police Station Ambikapur, District Surguja Ambikapur Chhattisgarh (Wwber Truck No. C. G. 15-D A-4999), District : Surguja (Ambikapur), Chhattisgarh 3 - The Oriental Insurance Company Limited, Through The Branch Manager, Branch Office- Rama Trade Center, In Front Of Rajeev Plaza, Old Bus Stand Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ( Insurer Truck No. C. G. 15- D A-4999), District : Bilaspur, Chhattisgarh. ... Respondent(s) For Appellant : Mr. Purnendra Khichariya, Advocate, holding the brief of Mr. Avinash Chand Sahu, Advocate For Respondent No.3 : Mr. Akash Shrivastava and Mr. Bennoon, Advocates, holding the brief of Mr. R. N. Pusty, Advocate Digitally signed by NADIM MOHLE 2 Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board 08/12/2025 1. The appellant/claimant has filed this appeal for enhancement of compensation against award dated 24.02.2020 passed by the learned Motor Accident Claims Tribunal, Bilaspur in Claim Case No.435/2018, whereby the learned Tribunal granted compensation to the claimant to the tune of Rs.9,69,870/- with interest @ 6 % per annum on account of injuries sustained by him. 2. Learned counsel appearing for the appellant/claimant would submit that on 28.03.2018, when the appellant was going to village Ghutku as pillion rider on motorcycle (CG-15-10-EK-3156) of his brother-in-law, the driver of the offending vehicle Truck bearing registration No. CG- 15-DA-4999 by driving it rashly and negligently, dashed the motorcycle, resultantly, he sustained grievous injuries on various parts of body i.e. right leg and hands, head, chest including fracture of the right leg and hand. He would contend that appellant remained hospitalized in CIMS & Sanjivni Hospital for considerable period. He would submit that the claimant suffered permanent disability to the extent of 45 % and it was proved by Dr. Sudhir Kumar Chandel (AW/3). He would submit that that the learned Tribunal assessed income of the claimant at Rs.6,000 per month, which is at lower side. He would contend that the learned Tribunal should have applied the minimum wages matrix applicable to an unskilled at the relevant time while computing the income of the claimant. He would further contend that the learned Tribunal has not granted compensation for conveyance; thus, he would pray to enhance the compensation. 3 3. On the other hand, learned counsel appearing for the respondent No.3 would oppose the submission made by counsel for the appellant and submit that learned Tribunal has granted just and proper compensation to the claimant and the appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record. 5. Admittedly, the claimant suffered permanent disability to the extent of 45 % and the certificate Ex.P/9 was proved by AW/3 Dr. Sudhir Kumar Chandel, who was member of Medical Board. The learned Tribunal assessed income of the claimant Rs. 6,000 per month which is at lower side looking to the minimum wages matrix admissible to an unskilled labourer in the month of March, 2018 as the Minimum Wages admissible to an unskilled labourer in the month of March, 2018 was Rs. 8,190 and the learned Tribunal should have taken that figure while computing compensation. Learned Tribunal has not granted compensation for conveyance to the claimant and appropriate compensation on this head would be Rs. 25,000/-. 6. Taking into consideration the above discussed facts, the compensation awarded by the learned Tribunal is revisited as under:- S. No. Head of Compensation Awarded by the learned Tribunal Awarded by this Court 1. Pain and suffering Rs.25,000/- Rs.25,000/- 2. Income 200 x 30 = 6,000 Rs.8,190/- 3. Annual income 6,000 x 12 = 72,000 Rs.8,190 x 12= 98,280/- 4. Loss of income 45 % = 32,400/- 45%= 44,226/- 5. Future Prospect 25 % 25% 32,400 + 8,100 = 40,500 25%= 44,226+11,056= 55,282 6. Multiplier 15 x 40,500 = 15 x 55,282= 4 S. No. Head of Compensation Awarded by the learned Tribunal Awarded by this Court 6,07,500/- 8,29,230 7. Special Diet Rs.15,000/- Rs.15,000/- 8. Attendant Rs.10,000/- Rs.10,000/- 9. Conveyance None Rs.25,000/- 10. Medical Expenses Rs.3,12,366/- Rs.3,12,366/- 11 Total 9,69,866/- rounded off 9,69,870/- Total = 12,16,596/- 12. Final Compensation 12,16,596 - 9,69,866 = Rs.2,46,726/- 1. In view of the above calculation, the appellant/claimant is held entitled to an enhanced sum of Rs.2,46,726/- with interest at the rate of 6% per annum from the date of filing of the claim petition. The respondents are directed to pay the amount Rs.2,46,726/- jointly & severally to the claimant within a period of 60 days. Rest of the term and condition of the award shall remain intact. 2. Accordingly, the instant appeal is hereby allowed in part. Sd/- Rakesh Mohan Pandey JUDGE Nadim