1 2026:CGHC:22415 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 736 of 2019 1 - Sandip Kumar Lakda S/o Shri Augustin Lakda Aged About 28 Years R/o Qtr. No. 9/8 Police Line, Bairan Bazar, Raipur, Post And Tahsil- Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ... Appellant versus 1 - Shri Vivek Tirkey S/o Shri Amrit Tirkey Aged About 25 Years R/o Ward No.7, Keshav Nagar, Mahadev Para, Vishrampur, District- Surajpur, Chhattisgarh......Driver Of Scorpio No. Cg 15/ Db/ 5992. 2 - Amrit Tirkey S/o Shri Benjamin Tirkey R/o 79/g, Quarter No. 18, Keshav Nagar, Mahadev Para, Vishrampur, District- Surajpur, Chhattisgarh......Owner Of Scorpio No. Cg 15/ Db/ 5992. 3 - The New India Insurance Company Limited Through The Divisional Managar, Divisional Office No.3, Bajranj Market, G.E. Road, District- Raipur, Chhattisgarh.......Insurer Of Scorpio No. Cg 15/ Db/ 5992., District : Raipur, Chhattisgarh ... Respondent(s) 2 For Appellant : Mr. Rakesh Kumar Manikpuri, Advocate For Respondent No. 3 : Mr. Raj Awasthi, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 12.05.2026 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 24/01/2019 (Annexure A/1) passed by learned 4th Additional Motor Accident Claims Tribunal to the 1st Additional Motor Claims Tribunal, Raipur in Claim Case No. 799/2017 whereby compensation of Rs. 5,17,000/- 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 grossly inadequate and deserves to be enhanced considering the injuries suffered by the appellant and the treatment undergone by him accordingly. 3 3. Learned counsel for respondent No. 3 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. A careful perusal of the record would show that on account of the accident, the appellant/claimant suffered injuries on his head, face and also suffered fracture in his right leg and remained hospitliazed from 01/06/2017 to 06/06/2017. Thus, considering the nature of injuries suffered by the appellant/claimant as well as other facts and circumstances of the case, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court For Loss of income NIL Rs. 10,660/- x 12 = Rs. 1,27,920/- + 40% (future prospect) = 4 Rs. 1,79,088/- x 15% (permanent disability) = Rs. 26,863/- x 17 (multiplier) = Rs. 4,56,671/- Medical Bills Rs. 1,87,000/- Rs. 1,87,000/- Future Treatment Rs. 40,000/- Rs. 45,000/- Future Loss of Work Rs. 90,000/- NIL Special Diet Rs. 50,000/- Rs. 50,000/- Transportation Rs. 50,000/- Rs. 50,000/- Physical and mental agony Rs. 1,00,000/- Rs. 1,00,000/- Total Rs. 5,17,000/- Rs. 8,83,671/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 5,17,000/- awarded by the Claims Tribunal is enhanced to Rs. 8,83,671/-. Hence, the claimant is held entitled for an additional compensation of Rs. 3,66,671/-. 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 @ 7.5% per 5 annum from the date of filing of claim application before the Tribunal i.e. 11/12/2017 till its realization. Rest of the conditions of the impugned award shall remain intact. 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