1 CGHC010404132018 2026:CGHC:29612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 24 of 2019 1 - Makhan Das @ Makhmal Das Mahant (Died Through Lrs.) As Per Honble Court Order Dtd. 28/04/2026 1.1 - Lalita Mahant W/o- Late Makhan Das @ Makhmal Das Mahant Aged About 46 Years R/o- Ward No. 15, Pathalgaon, Tahsil- Pathalgaon, Dis- trict-Jashpur (C.G.) 1.2 - Hero Bai W/o- Laxman Das Mahant, Aged About 76 Years M/o- Late Makhan Das @ Makhmal Das Mahant, R/o- Ward No. 15, Pathalgaon, Tahsil- Pathalgaon, District-Jashpur (C.G.) 1.3 - Santosh Kumar S/o- Late Makhan Das @ Makhmal Das Mahant Aged About 28 Years R/o- House No. 89/1, Patrapali, Post Palidih, Tahsil- Pathalgaon, District- Jashpur (C.G.) 1.4 - Swikriti D/o- Late Makhan Das @ Makhmal Das Mahant Aged About 27 Years R/o- Ward No. 15, Pathalgaon, Tahsil- Pathalgaon, District-Jash- pur (C.G.) 1.5 - Sahid Mahant, S/o- Late Makhan Das @ Makhmal Das Mahant Aged About 21 Years R/o- Ward No. 15, Pathalgaon, Tahsil- Pathalgaon, Dis- trict-Jashpur (C.G.) 1.6 - Sonam Mahant W/o- Bannu Das, Aged About 36 Years D/o- Late Makhan Das @ Makhmal Das Mahant, R/o- Ward No. 15, Pathalgaon, Tahsil- Pathalgaon, District-Jashpur (C.G.) ... Appellant(s) versus Digitally signed by JYOTI JHA Date: 2026.07.15 17:03:23 +0530 2 1 - Dhananjay Kumar Tiwari S/o Ateshwar Nath Tiwari Aged About 43 Years Near Government Hospital Pathalgaon, Tahsil Pathalgaon, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh 2 - Branch Manager The Oriental Insurance Company Limited Branch Office Pathalgaon, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh --- Respondent(s) For Appellant : Mr. Rishikant Mahobia, Advocate For Respondent No. 2 : Mr. Anil Kumar Gulati, Advocate Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 14.07.2026 1. This appeal has been filed by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 25.09.2018 passed by the Additional Motor Accident Claims Tribunal (F.T.C.) Jashpur, Chhattisgarh (for short “Claims Tri- bunal”) in Claim Case No. 21/2018, whereby the Claims Tribunal al- lowed the claimant’s application and awarded Rs.7,52,000/- along with interest. 2. Learned counsel for the appellant submits that the claimant had sus- tained injuries in the accident and, during the pendency of the present appeal, he passed away. His legal representatives have been brought on record and are prosecuting the appeal. Moreover, the Claims Tri- bunal has erred in awarding the less compensation. He would further submit that under the heads of loss of medical treatment, pain and suf- fering, transportation expenses, special diet and attendant less amount has been awarded by the Claims Tribunal which is liable to be en- hanced and even under the heads of future earning capacity, loss of amenities & enjoyment compensation has not been awarded by the Claims Tribunal which is liable to be awarded. 3 3. Learned counsel for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and submit that the amount awarded by the Claims Tribunal is just and proper which does not call for 4. I have heard learned counsel for the parties, considered their rival sub- missions made herein above and gone through the records with utmost circumspection. 5. The Claims Tribunal has rightly assessed the appellant's permanent disability at 50% on the basis of the disability certificate (Ex.A-11). Fur- thermore, under the heads of loss of medical treatment, pain and suf- fering, transportation expenses, special diet and attendant, amount is liable to be enhanced and also under the heads of future earning ca- pacity, loss of amenities & enjoyment amount is liable to be awarded. 6. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered in the matters of National Insurance Company Ltd. V. Pranay Sethi1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors.3, this Court is computing the compensation as below:- Sr. No Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Income 8000x12=96,000/- 8000x12= 96,000/- 2. Future Prospect NIL (+)10% 9600; Total 1,05,600/- 3. Multiplier 96000x13=12,48,0 00/- (x) 13 ; 1,05,600 x13 = 13,72,800/- 4. Functional Disabil- ity (loss of Future earning) 50% =6,24,000/- 50% = 6,86,400/- 5. Loss of earning 48,000/- (for 6 months) +48,000 = 734400 6. Pain and suffering 30,000 +65000 = 799400/- 1(2017) 16 SCC 680 2 (2009) 6 SCC 121 3(2018) 18 SCC 130 4 7. Loss of amenities Total 50,000 +50000 8. Transportation, +15,000 9. Attendant +15000 10. Special Diet +15000 11. Medical Expenses NIL +15000 12. For future Medical Expenses NIL +50000 13. For medical based on receipt Not produced Nil Total 7,52,000/- 09,59,400/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 7,52,000/- awarded by the Claims Tribunal is enhanced to Rs. 09,59,400/-. Hence, after deducting the amount of Rs. 7,52,000/-, the appellant/claimants is held to be entitled to an additional amount of Rs. 207400/-. 8. As the injured claimant died during the pendency of the present appeal, the legal representatives of the deceased claimant are entitled to re- ceive the compensation Rs. 2,07,400/- payable under the Motor Vehi- cles Act. 9. The concerned respondent No. 2 is directed to deposit the amount of compensation as enhanced by this Court within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @6% 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. 10.Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Jyoti