1 2026:CGHC:23176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 922 of 2020 1 - Deenuram Yadav S/o Siyaram Yadav Aged About 40 Years R/o Fulwari Chowk, Ravabhata, P.S.- Khamtarai, District- Raipur, (C.G.), District : Raipur, Chhattisgarh ... Appellant versus 1 - Pintu Yadav S/o Raghu Prasad Yadav Through- Moh. Jalil S/o Noh. Nasiruddin, R/o Ring Road No. 17- A, Old Purliya Road, Dimna Chowk, Mango, Jamshedpur, East Singhbhum Jharkhand 831012 (Driver Of Truck No. J.H.-05-Av-3402). 2 - Moh. Jalil S/o Moh. Nasiruddin R/o Ring Road No. 17-A, Old Purliya Road, Dimna Chowk, Mango, Jamshedpur, East Singhbhum Jharkhand 831012 (Owner Of Truck No. J.H.-05-Av- 3402). HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.05.15 16:52:08 +0530 2 3 - S.B.I. General Insurance Co. Ltd. Through- In Charge Officer S.B.I. General Insurance Co. Ltd., Pujari Park Fourt Floor, Pachbhedi Naka, Raipur, P.S.- Tikrapara, District- Raipur, (C.G.) (Insurer Of Truck No. J.H.-05-Av-3402) ... Respondent(s) For Petitioner(s) : Mr. Rakesh Thakur, Advocate For Respondent No. 3 : Mr. Utsav Mahiswar, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal ORder o n Board 15.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant against the impugned award dated 29/11/2019 (Annexure A/1) passed by learned 1st Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 44/2016 whereby compensation of Rs. 8,75,000/- has been awarded in favour of the appellant/claimant for the injuries suffered by him. 3 2. Learned counsel for the appellant/claimant would submit that due to the accident, appellant’s left left got amputated below the knee and right leg got amputated from the toe and though he is said to have suffered permanent disability to the extent of 65% (as per disability certificate Ex. P/67), however, his loss of earning capacity would be 100% and as such, the amount of compensation awarded by the Claims Tribunal may suitably be enhanced. 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 as such, this 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 records with utmost circumspection. 5. A careful perusal of the record would show that the appellant suffered grievous injuries in the accident in 4 question and his left leg was amputated below the knee and his right leg was amputated from the toe and as per the disability certificate (Ex. P/67), he has suffered 65% permanent disability but looking that he was a rice mill operator, his functional disability would be 100% and as such, his loss of earning capacity would be 100% while computing quantum of compensation. 6. Thus, in view of the aforesaid, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Income Rs. 6,000/- x 12 = Rs. 72,000/- - 60% = Rs. 43,200/- Rs. 6,229/- x 12 = Rs. 74,748/- Multiplier Rs. 43,200/- x 15 = Rs. 6,48,000/- Rs. 74,748/- x 15 = Rs. 11,21,220/- Future Prospect NIL (+) 25% i.e. Rs. 2,80,305/- = Rs. 14,01,525/- Loss of Future Earning 60% 100% Pain and Suffering Rs. 80,000/- Rs. 80,000/- Transportation, Special Diet, Rs. 50,000/- Rs. 50,000/- 5 Attendant Medical Expenses Rs. 25,000/- Rs. 25,000/- Other Non- pecuniary loss NIL Rs. 50,000/- Cost of Artificial Limb Rs. 1,00,000/- Rs. 1,00,000/- TOTAL Rs. 8,75,000/- Rs. 17,06,525/- 7. In view of the aforesaid, the amount of compensation awarded by the Claims Tribunal I.e Rs. 8,758,000/- is enhanced to Rs. 17,06,525/-. Thus, the appellant/claimant is entitled to additional compensation of Rs. 8,31,525/-. 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. 20/01/2016 till its realization. Rest of the conditions of the impugned award shall remain intact. 6 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