1 CGHC010275512019 2026:CGHC:31288 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1642 of 2019 1 - Rampukar Singh, S/o. Late Chandradeep Singh, Aged About 49 Years, R/o. Plot No. 24/10, Ekta Bhawan, Dixit Colony Supela, Police Station Supela, Bhilai, Tahsil And District- Durg, Chhattisgarh. 2 - Ram Ashish Singh, S/o. Late Chandradeep Singh, R/o. Dixit Colony Supela, Police Station Supela, Bhilai, Tahsil And District- Durg, Chhattisgarh. --- Appellants versus 1 - K. Johnson, S/o. Late K.Devshayam, Aged About 31 Years, R/o. Plot- D/04, Ashish Nagar, West Risali, Bhilai, Police Station Newai, Tahsil And District- Durg, Chhattisgah…….(Driver & Owner) 2 - The Oriental Insurance Company Ltd., Branch Manager, Branch Office- First Floor, Shivnath Complex, G.E Road, Supela, Bhilai, Tahsil And District - Durg, Chhattisgarh……... (Insurer) --- Respondents For Appellants : Mr. Shashikesh Yadav, Advocate on behalf of Mr. Pushkar Sinha, Advocate For Respondent No.2 : Mr. H.S.Patel, Advocate ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.07.24 10:32:08 +0530 2 & MAC No. 1889 of 2018 The Oriental Insurance Company Limited, Through Its Branch Manager, Office First Floor, Shivnath Complex, G.E. Road, Supela, Bhilai, Tahsil And District – Durg, Chhattisgarh, Represented Through Its Assistant Manager, T.P. Hub, Divisional Office, Bilaspur, Chhattisgarh. --- Appellant Versus 1 - Rampukar Singh, S/o. Late Chandradeep Singh, Aged About 49 Years, R/o. Plot No.24/10, Ekta Bhawan, Dixit Colony, Supela, Police Station Supela, Bhilai, Tahsil And District – Durg, Chhattisgarh. 2 - Ram Ashish Singh, S/o. Late Chandradeep Singh, R/o. Dixit Colony, Supela, Police Station Supela, Bhilai, Tahsil And District - Durg, Chhattisgarh. ----(Claimants) 3 - K. Johnson, S/o. Late K. Deosayam, Aged About 31 Years, R/o. Plot D/04 Ashish Nagar, Western Rishali, Bhilai, Police Station Nevai, Tahsil And District - Durg, Chhattisgarh. ----(Owner-Cum-Diver) --- Respondents For Appellant : Mr. R.N.Pusty with Mr. Akash Shrivastava, Advocates For Respondent No.1 & 2 : Mr. Shashikesh Yadav, Advocate on behalf of Mr. Pushkar Sinha, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 3 22.07.2026 1. Against the impugned award dated 16.07.2018 passed by the learned Seventh Additional Motor Accident Claims Tribunal, Durg in Claim Case No.142/2015, the insurance company has preferred MAC No.1889/2018 seeking exoneration from its liability to pay the amount of compensation, whereas the claimants have preferred MAC No.1642/2019 seeking enhancement of the amount under award. 2. Since common question of law and facts are involved in both the appeals, they are clubbed together, heard together and disposed of by this common order. 3. Learned counsel appearing for the insurance company would submit that the amount of compensation awarded to the claimants is on higher side, therefore, the same deserves to be reduced suitably. 4. Learned counsel appearing for the claimants would submit that just and proper compensation has not been awarded, therefore, the amount of compensation deserves to be enhanced suitably. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 4 6. After hearing learned counsel appearing for the parties and after going through the record, I do not find any merit in the appeal filed by the insurance company, the same deserves to be and hereby dismissed. 7. So far as the appeal of the claimants is concerned, this Court is recomputing the compensation as below:- Heads Compensation awarded by the Claims Tribunal Compensation awarded by this Court Income per month Rs. 32,574/- Rs. 33,912/- as per salary slip Yearly Income Rs. 32,574 x 12 = Rs. 3,90,888/- Rs. 33,912 x 12 = Rs. 4,06,944/- Disability 75% 75% of Rs.3,90,888/- = Rs. 2,93,166/- 75% of Rs. 4,06,944/- = Rs. 3,05,208/- Loss of income due to disability Rs. 2,93,166/- Rs. 3,05,208/- Future prospect Not given 30% of 3,05,208/- = Rs. 91,562 Loss of income after adding future prospect - Rs. 3,05,208 + 91,562 = Rs. 3,96,770/- Income tax deduction - Income tax slab for AY 2015-15 1. Up to 2,00,000/- Nil 2. 2,00,001 to 5,00,000 – 10% Tax Calculation 1. 2,00,000 – Nil 2. 1,96,770 @ 10% = Rs. 19,677/- 3. Tax before rebate = Rs. 19,677/- 4. Less rebate u/s.87A= Rs. 2,000/- Because income is < 5,00,000/- Tax after rebate = 19,677 – 2000 = Rs. 17,677 Add Education Cess @ 3% Rs. 17,677 x 3% = 530 Total Tax Payable :- Rs. 17,677 + 530 = Rs. 18,207/- 5 Loss of income after deduction of income tax - Rs. 3,96,770 – 18,207 = Rs. 3,78,563/- Multiplier of 13 applied Rs. 2,93,166 x 13 = Rs. 38,11,158/- Rs. 3,78,563 x 13 = Rs. 49,21,319/- Less 30% amount towards negligence on the part of the injured. Rs. 38,11,158 x 30% = Rs. 11,43,347.40 Rs. 49,21,319 x 30% = Rs. 14,76,395.70 Loss of income after deduction of contributory negligence Rs. 38,11,158 – 11,43,346.40 = 26,67,810 rounded up Rs. 26,67,900/- Rs. 49,21,319 – 14,76,395.70 = Rs. 34,44,923.30 rounded up Rs. 34,44,923/- Medical Bill Rs. 61,200/- Rs. 61,200/- Pain & Suffering Rs. 10,000/- Rs. 10,000/- Special Diet & Attendant Rs. 10,000/- Rs. 10,000/- Transportation Rs. 10,000/- Rs. 10,000/- Assistance Rs.5,000/- Rs. 5,000/- Loss of future inconvenient Rs. 5,000/- Rs. 5,000/- Total Rs. 27,69,100/- Rs. 35,46,123/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 27,69,100/- awarded by the Claims Tribunal is enhanced to Rs. 35,46,123/-. Hence, after deducting the amount of Rs. 27,69,100/-, the claimants are entitled for an additional amount of Rs. 7,77,023/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. The additional amount of compensation shall also carry 6 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. 9. Accordingly, the appeal of insurance company is dismissed and the appeal of claimants is partly allowed. The impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Ashok Judge