1 2026:CGHC:20917 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1324 of 2017 1 - Shirshram Sharma S/o Chhoturam Sharma, Aged About 47 Years R/o House No.6, Village Mandana, Tahsil And District Bhiwani Haryana Through Her Wife Smt. Sumitra Devi W/o Shirshram Sharma, Aged About 40 Years, R/o House No.6, Village Mandana, Tahsil And District Bhiwani Haryana ... Appellant/Claimant versus 1 - Rajkishore Choudhary S/o Late Kashinath Choudhary, Aged About 30 Years R/o Old Khurshipar, Machali Market .............Driver Of Vehicle Maruti Jhen Instalo No. C.G.04 H 9625. 2 - Sandeep Thakur S/o V.K.Thakur, Aged About 36 Years R/o Lakhenagar, Old Basti, Raipur, P.S. Old Basti, Raipur, District Raipur, ChhatÝsgarh .............Owner Of Vehicle Maruti Zen Instalo No. C.G.04 H 9625. 3 - Manager, The Oriental Insurance Company Ltd., Department Of Divisional OfÏce, Durg, District Durg, ChhatÝsgarh.............Insurer Of Vehicle Maruti Jhen Instalo No. C.G.04 H 9625. ... Respondent(s) 2 For Appellant : Mr. Abhishek Khendalwal on behalf of Mr. Awadh Tripathi, Advocates For Respondent No. 3 : Mr. Ghanshyam Patel, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 05.05.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant against the impugned award dated 21/07/2017 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Durg in Claim Case No. 209/2016 seeking enhancement of compensation awarded by the Claims Tribunal for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would make a solitary submission that the appellant/claimant has suffered 100% permanent disability on account of the accident, however, he has not been awarded any compensation under future prospect, as such, in view of the decision rendered by the Supreme Court in the matter of Sidram v. The Divisional Manager, United India Insurance Co. Ltd.1, 40% future prospect be awarded to the appellant/claimant and the total compensation may thus be enhanced. 1 (2023) 3 SCC 439 3 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the 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 record with utmost circumspection. 5. The Supreme Court, in the matter of Sidram (supra), has clearly held that even in cases of permanent disablement incurred as a result of a motor accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well and observed in paragraph 31 as under :- “31. It is now a well settled position of law that even in cases of permanent disablement incurred as a result of a motor accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well. We have come across many orders of different tribunals and unfortunately afÏrmed by different High Courts, taking the view that the claimant is not entitled to compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. That is not a correct position of law. There is no justification to exclude the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. Such a narrow reading is illogical because it denies altogether the possibility of the living victim progressing further in life in accident cases – and admits such possibility of future prospects, in case of the victim’s death.” 4 6. In view of the aforesaid principle of law laid down by their Lordships of the Supreme Court in Sidram (supra), the appellant/claimant will be entitled for 40% future prospect i.e. 40% of Rs. 31,20,000/- which comes to Rs. 12,48,000/-. Hence, the appellant/claimant is held entitled for an additional compensation of Rs. 12,48,000/-. Respondent No. 3 is 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 @ 6% per annum from the date of filing of claim application before the Tribunal i.e. 01/01/2016 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet