1 MAC No. 268 of 2022 2025:CGHC:44738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 268 of 2022 1. Smt. Chergibai Netam D/o Ganpat Netam, Aged About 45 Years, R/o Village Karandola, Main Road, Near State Bank of India, Bhanpuri District Bastar Chhattisgarh. ... Appellant versus 1. Pratap Sikdar S/o Pulinram Sikdar, Aged About 32 Years, Through Suduram Yadav S/o Bhakhaduram Yadav, Aged About 41 Years, R/o Village Bafna, P.S. Kondagaon, Chhattisgarh. (Driver) 2. Suduram Yadav S/o Bhakhaduram Yadav, Aged About 41 Years, R/o Village Bafna, P.S. Kondagaon, District Kondagaon Chhattisgarh.(Owner) 3. The United Insurance Co. Ltd. Through Branch Manager, Branch Office, Anupama Chowk, Jagdalpur, District Bastar Chhattisgarh. ... Respondents For Appellant :- Mr. Sourabh Gupta, Advocate. For Respondent No.3 :- Mr. B. N. Nande, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 02.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.09.02 17:49:47 +0530 2 MAC No. 268 of 2022 appellant/claimant seeking enhancement in the amount of compensation, challenging the impugned award dated 24.11.2021 passed by the Motor Accident Claims Tribunal, Bastar at Jagdalpur, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 89/2021, whereby learned Claims Tribunal has awarded a total sum of 9,70,840/- ₹ as compensation along with interest for disability suffered by the appellant 2. Mr. Sourabh Gupta, 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. He would further submit that since the claimant/appellant is a female and was working as maid servant and after the accident she would not be able to earn money on account of amputation of her right leg, due to which she suffered 100% functional disability, therefore, the instant appeal deserves to be allowed. 3. Mr. B. N. Nande, learned counsel for the respondent No.3, would oppose the prayer made by learned counsel for the appellant. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 3 MAC No. 268 of 2022 5. Considering the functional disability to the extent of 100% of the appellant/claimant, who is a female and was working as maid servant, I am of the considered opinion the compensation awarded by the Claims Tribunal i.e. 9,70,840/- ₹ is liable to be enhanced. In view of the above, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by this Court 1. Income ₹ 8,320x 12 = 99,840- ₹ 2. Loss of Income 99,840/- (100%) ₹ 3. Future Prospect (+) 10% = 9,984/- ₹ 99,840 + 9,984 = 1,09,824/- ₹ (total income) 4. Deduction Not applicable in injury case 5. Multiplier 11 x 1,09,824 = 12,08,064/- ₹ 6. Loss of income ₹ 12,08,064/- 7. Conventional Heads (medical, attendant, Nutrition diet, transporting, pain & suffering and mental agony) ₹ 193 + 20,000 + 15,000 + 3,00,000 = 3,35,193/- ₹ Total ₹ 15,43,257/- 6. In view of the aforesaid analysis, the amount of compensation of ₹9,70,840/- awarded by the Claims Tribunal is enhanced to 4 MAC No. 268 of 2022 ₹15,43,257/-. Hence, after deducting the amount of 9,70,840/- ₹ , the appellant is held to be entitled to an additional amount of ₹5,72,417/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of three 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. 04.12.2020 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. 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 Ankit