1 2026:CGHC:21106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 215 of 2020 1 - Bhagiram Kurre S/o Kaliram Kurre, Aged About 48 Years R/o Village Sarkhor, Police Station Kasdol, District (Revenue And Civil) Balodabazar Bhatapara ChhatÝsgarh. ... Appellant versus 1 - Dharmendra Dhruv S/o Maniram Dhruv, Aged About 27 Years R/o Village Odan, Police Station And Tehsil Palari, District Balodabazar Bhatapara ChhatÝsgarh. (Driver Of Hywa Truck Bearing Vehicle No. C.G.04 L.E. 9705) 2 - Singhaniya Construction Company, Proprietor- Mohan Sighaniya R/o Govind Prashad Singhaniya, R/o Shivaji Park Saddu Raipur, District Raipur ChhatÝsgarh. (Owner Of Vehicle No. C.G.04 L.E. 9705) 3 - United India Insurance Company Limited, Lic Campus Zonal OfÏce- L.I.C. Campus Ground Floor Lic Building Pandri Raipur, District Raipur ChhatÝsgarh (Insurer Of The Vehicle Of Truck Bearing Vehicle No. C.G.04 L.E. 9705) 4 - Surjit Sahu S/o Bhauram Sahu, Aged About 43 Years Ward No. 10 Palari, Police Station Palari, District Balodabazar Bhatapara ChhatÝsgarh ... Respondent(s) 2 For Appellant : Mr. Anand Kesharwani, Advocate For Respondents No. 2 & 4 : Mr. Amitesh Yadav on behalf of Mr. Sabhyasachi Bhaduri, Advocates For Respondent No. 3 : Mr. Abhishek Vinod Deshmukh, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 06.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant seeking enhancement of compensation, challenging the impugned award dated 27/07/2019 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Bhatapara in Claim Case No. 84/2018 whereby compensation of Rs. 2,82,883/- has been awarded in favour of the appellant/claimant for the injuries suffered by him. 2. Learned counsel for the appellant/claimant would submit that the compensation awarded by the Claims Tribunal is on the lower side as the Tribunal has erred in assessing the monthly income of the appellant as Rs. 6,000/- whereas it should be Rs. 8,140/- as the minimum wages notification and the Claims Tribunal further ought to have added 10% under future prospect 3 and a multiplier of 11 while calculating loss of income, therefore, the compensation may suitably be enhanced. 3. Learned counsel for the respondents would support the impugned award and submit that the instant appeal is liable to be dismissed. 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. A careful perusal of the award would show that the Claims Tribunal has assessed the monthly income of the appellant as Rs. 6,000/- however, as per the minimum wage notification prevailing at the time of the accident, it should be Rs. 8,140/- and the Claims Tribunal further ought to have added 10% under future prospect and a multiplier of 11 while calculating loss of income. 6. Thus, in view of the aforesaid discussion, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Loss of Income Rs. 6,000/- x 20% (permanent disability) = Rs. 8,140/- x 12 = Rs. 97,680/- (yearly 4 Rs. 1,200/- x 20 months = Rs. 24,000/- income) + 10% (future prospect) = Rs. 1,07,448/- x 20% (disabiliy) = Rs. 21,489/- x 11 (multiplier) = Rs. 2,36,385/- Medical Bill Rs. 2,28,883/- Rs. 2,28,883/- Pain and Suffering Rs. 10,000/- Rs. 25,000/- Diet Rs. 10,000/- Rs. 20,000/- Attendant NIL Rs. 20,000/- Transportation NIL Rs. 20,000/- Loss of Amenities Rs. 10,000/- Rs. 25,000/- Total Rs. 2,82,883/- Rs. 5,75,628/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 2,82,883/- awarded by the Claims Tribunal is enhanced to Rs. 5,75,628/-. Hence, the claimants are held entitled for an additional compensation of Rs. 2,92,385/-. Respondent No. 3/Insurance Company 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. 26/03/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 8. Accordingly, the impugned award is modified and the instant appeal is allowed to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet