1 2026:CGHC:22871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2311 of 2019 1 - Deelip Kumar Ubharani W/o Late Balram Ubharani Aged About 52 Years R/o Sai Camps, Shrikant Verma Marg Bilaspur, District - Bilaspur Chhattisgarh. 2 - Abhinav Ubharani W/o Late Kailash Ubharani Aged About 28 Years R/o Sai Camps, Shrikant Verma Marg Bilaspur, District - Bilaspur Chhattisgarh. 3 - Ritu Ubharani W/o Late Kailash Ubharani Aged About 26 Years R/o Sai Camps, Shrikant Verma Marg Bilaspur, District - Bilaspur Chhattisgarh. ... Appellants versus 1 - Ramnaresh Jaiswal S/o Jagannath Jaiswal , R/o Village - Kathar Post - Karondiya, Thana - Rampur Naikin, District - Sidhi ( M. P. ) Hall Mukam - Aman Transport, Transport Nagar Bilaspur District - Bilaspur Chhattisgarh. (Driver Of The Offending Vehicle Truck No. C.G.04 /J.A./ 1258). (Driver) 2 - Abdul Shahid S/o Abdul Samad, R/o Lalkhadan Mahmand Road Bilaspur, Tahsil And District - Bilaspur Chhattisgarh. (Owner of the offending vehicle Truck No.CG 04/JA/1258) (Owner) 3 - Divisional Manager, The Oriental Insurance Company Limited, Divisional Office, Rama Trade Center, 1st Floor Near Bus Stand in front of Rajeev Plaza Bilaspur, Tahsil And District - Bilaspur Chhattisgarh. (Insurer of the offending vehicle Truck No.CG 04/JA/1258 ). (Insurer) ... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.05.14 17:35:51 +0530 2 For Appellants : Mr. A.L. Singroul, Advocate. For Respondent No.3 : Mr. H.P. Agrawal, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/05/2026 1. The appellants/claimants have preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 24.10.2019 passed by the 3rd Additional Motor Accident Claims Tribunal, Bilaspur (for short ‘the Claims Tribunal’) in Claim Case No.551/2014 by which liability to pay compensation of Rs.6,78,505/- has been fastened on the Insurance Company. In the present Appeal, the appellants/claimants have prayed for enhancement of the compensation amount. 2. Mr. A.L. Singroul, learned counsel for the appellants/claimants would submit that the Claims Tribunal was not justified in assessing the monthly income of the injured at Rs.3,000/- per month whereas as per minimum wages at the relevant point of time, his monthly income should have been assessed at Rs.5,000/-. Learned counsel for the appellants further submits that towards pain & suffering, future treatment and disability suffered by the injured, nothing was awarded by the Claims Tribunal. As such, the impugned award may be modified accordingly. 3 3. On the other hand, Mr. HP Agrawal, learned counsel for respondent No.3 would support the impugned award. 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. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that the Claims Tribunal has wrongly assessed the monthly income of the injured at Rs.3,000/- per month, whereas as per the minimum wages at the relevant point of time, monthly income of the injured should have been assessed at Rs.5,000/-. Considering the facts and circumstances of the case and also in view of the minimum wages at the relevant point of time, it would be appropriate to enhance award amount by taking monthly income of the injured at Rs.5,000/-. As such, the claimants will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of Income Rs.3,000/- pm for 5 months, Rs.15,000/- Rs.5,000/- (as per minimum wages), being semi skilled worker, for 5 months Rs.25,000/- 2. Medical expenses Rs.6,48,505/- Rs.6,48,505/- 3. Special diet & attendant Rs.15,000/- Rs.1,00,000/- 4. Pain & suffering - Rs.50,000/- 4 5. Transportation expenses - Rs.10,000/- 6. Loss of amenities - Rs.10,000/- 7. Loss of estate - Rs.15,000/- Total Rs.6,78,505/- Rs.8,58,505/- 6. In view of the aforesaid analysis, the amount of compensation of ₹6,78,505/- awarded by the Claims Tribunal is enhanced to ₹8,58,505/- . Hence, after deducting the amount of 6,78,505/- ₹ , the claimants are held to be entitled to an additional amount of ₹1,80,000/- . The Insurance Company is directed to deposit the amount of compensation within a period of three months from the date of receipt of a 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 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. With the aforesaid modifications, the Appeal is disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve