1 2026:CGHC:21576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2042 of 2019 1 - Vivek Singh Shriwas S/o Pappu Singh Shriwas Aged About 19 Years R/o Quarter No. F/1, 7th Batallian Bhilai, Police Station Supela, Tahsil And District - Durg, ChhatÝsgarh., District : Durg, ChhatÝsgarh ... Appellant versus 1 - Rahul Makhija S/o Ramchandra Makhija Aged About 32 Years R/o Baba Deep Nagar, Ward No. 9, Near Sindhu Bhawan, Vaishali Nagar, Police Station Supela, Tahsil And District Durg, ChhatÝsgarh. (Driver Of Vehicle No. Cg.-07/bh-9200) 2 - Director Kripal Udyog, Plot No. 12/d, Hia (Heavy Industrial Area), Bhilai, Tahsil And District - Durg, ChhatÝsgarh. (Owner Of Vehicle No. Cg.- 07/bh-9200) 3 - Branch Manager National Insurance Company Limited, Branch -1, Bhutani Complex, G.E. Road, Power House Bhilai, Tahsil And District - Durg, ChhatÝsgarh. (Insurer Of Vehicle No. Cg.-07/bh-9200) ... Respondent(s) For Appellant : Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 : Mr. Sudhir Agrawal, Advocate 2 SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 08.05.2026 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 25/09/2019 (Annexure A/1) passed by learned 3rd Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 264/2018 whereby compensation of Rs. 25,000/- 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 as the Tribunal has not granted any compensation for loss of earning, attendant’s fee, transportation, loss during treatment and future treatment, as such, the amount of compensation may suitably be enhanced. 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. 3 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 not at all granted any compensation under the heads of loss of earning, assistant’s fee, transportation, loss during treatment and future treatment which should have been granted in favour of the appellant/claimant. 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 Earning NIL Rs. 8,450/- + 40% (future prospect) = Rs. 11,830/- x 12 (yearly income) = Rs. 1,41,960/- x 18 (multiplier) = Rs. 25,55,280/- x 5% (loss of earning capacity) = Rs. 1,27,764/- Pain and suffering Rs. 15,000/- Rs. 25,000/- Healthy Diet Rs. 5,000/- Rs. 10,000/- Attendant’s fee NIL Rs. 10,000/- Transportation NIL Rs. 10,000/- Loss during NIL Rs. 8,450/- (one month) 4 treatment Future Treatment NIL Rs. 10,000/- Loss of Amenities Rs. 5,000/- Rs. 10,000/- Total Rs. 25,000/- Rs. 2,11,214/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 25,000/- awarded by the Claims Tribunal is enhanced to Rs. 2,11,214/-. Hence, the claimant is held entitled for an additional compensation of Rs. 1,86,214/-. Respondent No. 3/Insurance Company is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days 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. 11/05/2018 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