1 CGHC010330592024 2026:CGHC:40857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1896 of 2024 Yaman Kumar Sahu S/o Keshar Lal Sahu Aged About 23 Years R/o Kantakurridih, Police Station- Keregaon, Tahsil- Nagri, District- Dhamtari, C.G. (Claimant) ... Appellant versus 1 - Dameshwar Yadav S/o Madan Lal Yadav Aged About 22 Years R/o Korra, Police Station- Keregaon, Tahsil- Nagri, District- Dhamtari, C.G. (Driver And Owner Of Motorcycle No. C.G. -04 M K-7695) 2 - New India Insurance Company Limited Through Branch Manager, Branch Office, Sihawa Chowk, Sihawa Road, District- Dhamtari, C.G. (Insurer And Owner Of Motorcycle No. C.G. -04 M K-7695) --- Respondent(s) For Appellant : Mr. Praveen Dhurandhar, Adv. For Respondent No.1 : None For Respondent No.2 : Mr. Hanuman Prasad Agrawal, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (18.09.2026) 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 SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.21 10:53:21 +0530 2 compensation, challenging the impugned award dated 14.06.2024 passed in Claim Case No. 35/2023 by the learned Motor Accident Claims Tribunal, Dhamtari (C.G.), whereby the learned Claims Tribunal has awarded a total sum of Rs. 21,39,432/- as compensation for the injuries sustained by the appellant/claimant, aged 23 years, in a road accident which took place on 05.10.2022. 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. The Claims Tribunal has assessed the income of the appellant on the lower side. The date of accident is 05.10.2022 and as per the Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh, the income of the appellant ought to have been assessed at Rs. 8,320/- instead of Rs. 6,500/- as assessed by the Tribunal. The appellant remained admitted for 14 days and his left leg was amputated above the knee. The Claims Tribunal has not awarded any amount towards loss of income during the period of treatment. Since the appellant was not able to perform his work for about 3 months because of the injuries sustained by him, a sum of Rs. 24,960/- may be awarded under this head. Furthermore, the Claims Tribunal has not granted any amount towards transportation expenses, future treatment and loss of marriage prospects. The appellant was unmarried. His left leg above the knee was amputated. Having lost a leg, he might face difficulty in getting married. Therefore, the instant appeal may be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. In support of his argument, he relies upon the judgment of 3 the Hon'ble Supreme Court in the matter of Chandramani Nanda Vs. Sarat Chandra Swain and anr. reported in 2024 SCC OnLine SC 2859, relevant paragraph 18 of which reads as under:- “18. In addition to the above, appellant is also entitled to compensation on account of loss of marriage prospects. A perusal of the impugned award of the Tribunal and the High Court shows that nothing has been awarded to the appellant under this head. In our opinion, considering the law laid down by this Court on this issue, the appellant deserves to be awarded a sum of Rs.1,00,000/- on this account.” 3. Learned counsel for respondent No. 2/Insurance Company would submit that as regards the head of loss of income during treatment is concerned, the appellant was admitted for 14 days in the hospital; due to the negligence of the appellant himself there was infection and his left leg above the knee was amputated, therefore, he is not entitled to grant of any compensation under this head. He further submits that the Claims Tribunal, after appreciating the oral and documentary evidence available on record, has rightly awarded the compensation amount. Hence, the compensation awarded by the Claims Tribunal is just and proper and requires no interference. 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 case at hand, it is true that the learned Tribunal has taken the monthly income of the claimant to be Rs. 6,500/-, which ought to have been Rs. 8,320/- as per the 4 Chhattisgarh Minimum Wages Notification issued by the Office of Labour Commissioner, Chhattisgarh. Furthermore, as the appellant remained admitted for 14 days and his left leg above the knee was amputated, it is quite possible that he would have undergone treatment for about three months and must have been unable to perform his work during the said period. Therefore, a sum of Rs. 24,960/- (Rs. 8,320/- x 3) is justified to be awarded to him under the head of loss of income during treatment. Furthermore, a sum of Rs. 10,000/- is justified towards transportation expenses as the claimant remained admitted for 14 days. Further, a sum of Rs. 25,000/- towards future treatment is also justified to be granted to him, as due to amputation he would be required to visit the doctor time and again. Apart from this, the appellant was unmarried. His left leg above the knee was amputated. Having lost a leg, he might face difficulty in getting married. Therefore, as per Chandramani Nanda (Supra) a sum of Rs. 1,00,000/- is justified to be granted to him towards loss of marriage prospects. 6. Thus, in light of the aforesaid discussion and in light of the judgment of the Supreme Court rendered in the matter of Chandramani Nanda (Supra), this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 6500/- monthly Rs. 8320/- monthly 2. Future prospect (+)40% (i.e. Rs. 2600) = 9,100/-, (+)40% (i.e. Rs. 3328) = 11,648/-, 5 Rs.1,09,200/- per annum Rs.1,39,776/- per annum 3. Multiplier (x) 18 = 19,65,600/- 80% thereof i.e. Rs. 15,72,480/- (x) 18 = 25,15,968/- 80% thereof i.e. Rs. 20,12,774/- 4. Treatment Rs.4,91,952/- Rs.4,91,952/- 5. Mental Trauma and pain and suffering Rs. 50,000/- Rs. 50,000/- 6. Towards Attendant and nutritious diet Rs. 25,000/- Rs. 25,000/- 7. Loss during treatment NA Rs. 24960/- 8. Transportation NA Rs.10,000/- 9. Future Treatment NA Rs.25,000/- 10. Marriage Prospect NA Rs.1,00,000/- Total Rs.21,39,432/- Rs.27,39,686/- 7. In view of the aforesaid analysis, the amount of compensation of Rs.21,39,432/- awarded by the Claims Tribunal is enhanced to Rs.27,39,686/-. Hence, after deducting the amount of Rs.21,39,432/-, the appellants are held entitled for an additional amount of Rs.6,00,254/-. The additional amount of compensation shall carry interest @ 6% per annum from filing of the claim application before the Claims Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact. 8. In the result, the appeal is partly allowed and the 6 impugned award is modified to the extent as indicated herein-above. 9. The Registry is directed to communicate the claimants in writing “the enhanced amount” in this appeal as against the award made by the concerned Tribunal. The said communication be made in Hindi Deonagri language and the help of paralegal workers may be availed with a co- ordination of Secretary, Legal Aid of the concerned area wherein the claimants resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham