1 2026:CGHC:4417 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 334 of 2021  Dileep Kumar Gupta S/o Late Shri Sitaram Gupta Aged About 43 Years R/o 18, No. Street, Camp- 01, Bhilai, Tahsil And District- Durg, Chhattisgarh. ... Appellant versus 1. Om Prakash Yadav S/o Late Ramadhar Yadav Aged About 38 Years R/o Steel Nagar, Sangram Chowk,camp-01, Chhawani, Bhilai, Tahsil And District-Durg,chhattisgarh. Through- Anil Kanojiya, S/o Baijnath Kanojiya, A/a- 48 Years, House No. 53/2, Infront Of Atal Aawas, New Aadarsh, Durg , Tahsil And District- Durg, Chhattisgarh. (Driver Of The Auto. No. Cg07-T- 2325) 2. Anil Kanojiya S/o Baijnath Kanojiya Aged About 48 Years House No. 53/2, Infront Of Atal Aawas, New Aadarsh, Durg , Tahsil And District- Durg, Chhattisgarh. (Driver Of The Auto. No. Cg07-T-2325) 3. United India Insurance Co. Though Branch Office- Infront Of Project Auto, Chhawani, G.E. Road, Power House, Bhilai, Tahsil And District- Durg, Chhattisgarh. (Insurer Of Auto No. Cg07- T- 2325). ... Respondent(s) For Appellant/Claimant : Mr. Syed Majid Ali, Advocate along with Mr. Ramsajeevan, Advocate For Respondent No. 3/ : Ms. Prerna Agrawal, Advocate holding the brief Insurance Company of Mr. Sudhir Agrawal, Advocate For Respondents No. 1 & 2 : None, though served. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 27.01 .2026 1. The claimant has filed this appeal for enhancement of compensation assailing the award passed by the 6th Additional Motor Accident Claims Tribunal, Durg passed in Claim Case No. 291/2017 dated 15.01.2021, whereby the learned Tribunal has granted compensation to the tune of Rs. 4,58,425/- with interest at the rate of 9% per annum. 2. Mr. Syed Majid Ali, Advocate would submit that on 26.12.2016 at around SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.01.30 09:48:46 +0530 2 8:30 pm when claimant was travelling in a Auto rickshaw, due to rash and negligent driving it turned turtle and the claimant sustained injuries. He would contend that the claimant suffered permanent disability to the extent of 23% and disability certificate was issued by the Medical Board vide Ex. P/1. He would submit that disability certificate was proved by Dr. Swami Dev Bhupendra (AW/2). He would submit that on conventional heads, the learned Tribunal has granted meager amount. He would pray to enhance the compensation. 3. On the other hand, Ms. Prerna Agrawal would submit that the offending vehicle was being driven by its driver in absence of valid permit, therefore, the learned Tribunal fastened liability with the driver and owner of the offending Auto rickshaw bearing registration No. CG 07 T 2325 with stipulation that the Insurance Company shall satisfy the award first, and thereafter, recover it from owner and driver. She would submit that the learned Tribunal has granted just and proper compensation and appeal deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the record with utmost circumspection. 5. Admittedly, the claimant sustained injuries, which resulted in 23% permanent disability. The claimant examined Dr. Swami Dev Bhupendra (AW/2), who proved the contents of permanent disability certificate (Ex. P/1). The learned Tribunal assessed the income of the claimant Rs. 6,000/- per month and further awarded 25% for future prospect and assessed the loss of income accordingly. The learned Tribunal further awarded compensation keeping in view the disability suffered by claimant. The learned Tribunal applied multiplier 14 which, is just and proper. The Tribunal further granted sum of Rs. 1,04,125/- for medical expenses incurred during course of treatment, but as Rs. 50,000/- was paid by the owner of the 3 offending vehicle prior to date of award to the claimant; therefore, said amount was adjusted and sum of Rs. 54,125 was awarded on this head. The learned Tribunal further granted a sum of Rs. 10,000/- for special diet, Rs. 10,000/- for conveyance, Rs. 13,500/- for attendant, Rs. 36,000/- for loss of income during period of treatment. The learned Tribunal granted Rs. 15,000/- for loss of amenities, Rs. 20,000/- for pain and suffering and Rs. 10,000/- for future medical expenses. 6. The compensation awarded by the learned Tribunal on the head of pain and suffering, loss of amenities and future medical expenses requires reconsideration. The amount of compensation for pain and suffering is enhanced from Rs. 20,000/- to Rs. 50,000/-, loss of amenities including marriage prospect is enhanced from Rs. 15,000/- to Rs. 25,000/- and for future medical expenses Rs. 10,000/- to Rs. 20,000/-. 7. For the forgoing reasons, the appeal is allowed in part. The amount of compensation of Rs. 4,58,425/- awarded by the tribunal is enhanced to Rs. 5,08,425/-. Hence, after deducting the amount of Rs. 4,58,425/-, the appellant/claimant is held entitled for an additional amount of Rs. 50,000/-. The Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 60 days from the date of receipt of copy of this order and shall be at liberty to recover the amount from driver and owner of the offending vehicle as stipulated in the award. Rest of the conditions of impugned award shall remain intact. 8. With the aforesaid observation(s), the instant appeal is hereby partly allowed. Sd/- (Rakesh Mohan Pandey) Judge $iddhant