1 CGHC010327022024 2026:CGHC:38938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1903 of 2024 1 - Kishan Lal Sahu S/o Late Alakh Ram Sahu Aged About 54 Years R/o Anjora, District- Rajnandgaon (C.G.) ----(Claimant) ... Appellant versus 1 - Yankit Dewangan S/o Bhagwat Ram Dewangan, Aged About 21 Years R/o House No. 129/a, Risali Sector Bhilai, Nevai, District-Durg (C.G.) ----(Driver Of The Car No. CG-07 M-6892) 2 - Bhagwat Ram Dewangan S/o Rameshwar Dewangan, R/o House No. 129/A, Risali Sector Bhilai, Nevai, District-Durg (C.G.) -----(Owner Of The Car No. CG-07 M-8692) 3 - National Insurance Company Ltd., Add.- Aakash Ganga Supela, Bhilai, District-Durg (C.G.) ----(Insurer Of The Car No. CG-07 M-6892) ... Respondent(s) For Appellant(s) : Mr. Mohd. Arman Memon, Advocate on behalf of Mr. Syed Majid Ali, Advocate. For Respondent No.3 : Mr. Raj Awasthi, Advocate. Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (02.09.2026) 2 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the "Act of 1988") has been preferred by the appellant/claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 09.02.2024, passed in Motor Accident Claim Case No.212/2020, whereby the learned Claims Tribunal has awarded a total sum of Rs.2,34,000/- as compensation for the injuries sustained in a road accident which took place on 28.02.2020, resulting in permanent disability to the claimant. 2. Learned counsel for the appellant would submit that the learned Claims Tribunal has erred in awarding a lesser amount of compensation in the facts of the case. He further submits that the learned Claims Tribunal considered the appellant as unskilled labour but has assessed the income of the deceased at Rs.8,000/- per month, whereas it should have been Rs.8,600/- per month for the unskilled labourer at the date of the accident; therefore, considering the deceased as a unskilled labourer, the income of the deceased should be considered on the higher side. Learned counsel further submits that Dr. Swami Dev Bhupendra (AW-2) had issued disability certificate (Ex.P-9) to the extent of 30% disability, but the learned Claims Tribunal considered the disability to the extent of 10% only, which is erroneous. It is submitted by learned counsel for the appellant that, in view of the evidence of the Dr. Swami Dev Bhupendra (AW-2), the disability of the appellant/claimant ought to be assessed at 30%. The claimant was working as a Mason, and owing to the shortening of his left leg, mal-union of the fracture of the right hand, resulting in deformity, stiffness of the wrist, and shortening of the right leg by approximately 1 ½ inch, his earning capacity and functional ability have been adversely affected. Therefore, considering the nature of his occupation and the functional disability suffered by him, the disability may reasonably be assessed at 30% for the purpose of determination of compensation and the compensation awarded by 3 the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No.3/insurance company would submit that the Claims Tribunal after appreciating oral and documentary evidence available on record has rightly awarded the compensation amount. He further submits that the 30% disability assessed by the doctor pertains to the disability in relation to walking and is with reference to the whole body. It was further submitted that the 10% loss of earning capacity assessed by the learned Tribunal is justified, which needs no interference by this Court. Therefore, the instant appeal may 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. In the present case, the income of the appellant was not substantiated by any documentary evidence. Although the Tribunal determined that the appellant falls under the category of unskilled labourer, it erroneously assessed his notional income at Rs.8000/- per month at the time of accident. According to the guidelines issued by the Labour Department, the minimum wage for unskilled labour at the time of the accident (i.e., 28.02.2020) was Rs.8,600/- per month. Under these circumstances, it is appropriate to re-assess the monthly income of the appellant at Rs.8,600/- instead of Rs.8,000/-. 6. Further, it is found that disability certificate (Ex.P-9) was not issued by the District Medical Board. Dr. Swami Dev Bhupendra (AW-2), an Orthopedic Specialist, had issued the said certificate in his individual capacity. The accident had occurred in the year 2020, whereas the disability certificate, Ex.P-9, was issued in the year 2023. The claimant has explained the delay by stating that, during the intervening period, the COVID-19 pandemic was prevailing and, therefore, he could not obtain the disability 4 certificate earlier. As per the medical reports (Ex.P-6, P-7) and the Bed Head Ticket (Ex.P-8), the claimant had sustained fractures of the lower end of the right radius and the middle one-third shaft of the left femur. Therefore, there is no reason to disbelieve the disability certificate (Ex.P-9). Accordingly, the loss of earning capacity assessed at 10% by the learned Claims Tribunal is enhanced to 25%. 7. Further, in view of law laid down in National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680, it would be appropriate to calculate 25% future prospect in the monthly income of the injured appellant considering his age (50 years) i.e. Rs.2,150/-, the monthly income of the appellant comes to Rs.10,750/- (8600+2150), thus, the annual income of the appellant comes to Rs. 1,29,000/- (10,750x12). 8. The annual income of the appellant has been calculated at Rs. 1,29,000/-, the reduction in earning capacity is 25% i.e. Rs. 32,250/-. The age of the appellant was 50 years at the time of accident. In view of the matter of National Insurance Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 by applying the multiplier of 13, the loss of income due to reduction in total earning capacity is Rs. 4,19,250/- (Rs.32,2501x13). 9. The claimant/appellant was not only admitted to the hospital but also underwent an operation. It is evident that certain expenses incurred during the course of treatment are of such nature that it is not possible to preserve in respect thereof. In such circumstances, it would be just and appropriate to enhance the amount of compensation under the other appropriate heads. 10. Thus, the amount of compensation awarded by the learned Claims Tribunal is modified as under:- S.No Heads Award by the Award by this 5 . Tribunal Court 01 Towards loss of future income due to permanent disability. Rs.1,56,000/- Rs.4,19,250/- 02 Towards future medical expenses. Rs.5,000/- Rs.10,000/- 03 Towards physical pain and mental agony. Rs.35,000/- Rs.50,000/- 04 Towards diet, transportation and misc. expenses. Rs.10,000/- Rs.10,000/- 05 Towards attendant. Rs.4,000/- Rs. 5,000/- 06 Toward loss of income during treatment. Rs.24,000/- Rs.25,800/- Total Rs.2,34,000 /- Rs.5,20,050/- 11. Thus, the total compensation is recomputed as Rs.5,20,050/-. After deducting Rs.2,34,000/- as awarded by the tribunal, the enhancement would be Rs.2,86,050/-. 12. In the result, the appeal is partly allowed. The appellant/claimant shall be entitled to Rs. 2,86,050/- in addition to what has already been awarded by the claims Tribunal. The enhanced amount shall carry interest @ 6% per annum from the date of filing of the claim application before the tribunal till its realization. The impugned award stands modified to the above extent and rest of the conditions shall remain intact. 13. The Registry is further directed to communicate the claimant in writing “the enhanced amount” in this appeal as against the award made by the Tribunal below. The said communication be made in Hindi Deonagri language and the help of paralegal workers may 6 be availed with a co-ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE Date: 2026.09.07 15:20:34 +0530