1 CGHC010102072024 2026:CGHC:41261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 787 of 2024 Jaisingh Son of Late Ramsai Sahu Aged About 30 Years Resident of Village And Post Kosmarra, Police Station Bhakhara, Tahisl Kurud, Dist. Dhamtarai, C.G. ... Appellant versus 1 - Gopal Sahu Son Of Girish Kumar Aged About 32 Years Resident Of Village Bajrang Chowk Kurra, Ward No. 07, Post Bagoud, Tahsil Kurud, Dist. Dhamtari, C.G. 2 - Branch Manager Magma H.D.I. General Insurance Company Limited, Office No. 501 To 509-5012, Fifth Floor, D.B. City Corporate Park, Plot No. 01, Block No. 09, Rajbandha Maindan Raipur, Tahsil And Dist. Raipur, C.G. --- Respondent(s) For Appellant : Mr. Anil Kumar Gulati and Ms. Gunja Taram, Advocates For Respondent No.1 : Ms. Swati Rani Saraf, Adv. on behalf of Mr. Ashish Sahu, Adv. For Respondent No.2 : None SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.23 14:29:24 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (22.09.2026) 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 compensation, challenging the impugned award dated 27.12.2023 passed in Claim Case No. 214/2021 by the learned Additional Motor Accident Claims Tribunal, Dhamtari (C.G.), whereby the learned Claims Tribunal has awarded a total sum of Rs. 6,56,527/- as compensation for the injuries sustained by the appellant/claimant, aged 30 years, in a road accident which took place on 11.08.2021. 2. Learned counsel for the appellant would submit that due to the said accident, the appellant sustained injuries and his right leg got fractured. He remained hospitalized for 5 days. The Claims Tribunal has erred in awarding a lesser amount of compensation in the facts and circumstances of the case. As per disability certificate Ex. P-9, the disability of the appellant is 40%, which was also supported by Dr. Vinod Kumar Pandey (AW-2), but the Claims Tribunal has assessed his disability only at 20%. The Tribunal has assessed the income of the appellant on the lower side. Furthermore, the Tribunal has also awarded a lesser amount under the head of medical expenses, which deserves to be enhanced. Therefore, the instant appeal may be allowed and the compensation awarded by the Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 1 would submit that at the time of accident, the offending vehicle was insured with Respondent No.2, therefore, Respondent No.1 is not liable to 3 pay any amount of compensation. 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. Dr. Vinod Kumar Pandey (AW-2), in his statement recorded before the Tribunal, has deposed that the certificate issued by him was not a certificate of permanent disability, but was a certificate of temporary disability valid till 22.02.2023 and improvement in the condition of the injured was possible. He has further deposed that the injured was operated upon and plates and rods were implanted. Since the injured did not sustain any permanent disability, the finding recorded by the learned Tribunal assessing the functional disability at 20% is just and proper and does not call for any interference. 6. The second contention of learned counsel for the appellant is that the Claims Tribunal has assessed the income of the appellant on the lower side. In the case at hand, it is true that the learned Tribunal has taken the monthly income of the appellant to be Rs. 7,800/-. The date of accident is 11.08.2021 and as per the notification issued by the Office of the Labour Commissioner, Government of Chhattisgarh, prescribing minimum wages, the income of the appellant ought to have been assessed at Rs. 9,200/- per month. The addition of 40% towards future prospects and application of multiplier of 17 by the Tribunal is in accordance with the law laid down by the Hon'ble Supreme Court 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 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 4 Ram @ Chuhru Ram & Ors3 which calls for no interference. 7. It is pertinent to mention that it is not possible to preserve all the medical bills, therefore, under the head of medical expenses, a sum of Rs. 1,25,000/- is held to be just and proper to be awarded to the appellant in place of Rs. 1,24,991/-. 8. Thus, in light of the aforesaid discussion, this Court is recomputing the compensation as below:- Sr. No. Heads Compensation awarded by this Court 1. Monthly Income Rs. 9200/- 2. Future Prospects @ 40% (Rs. 3,680/-) i.e. Rs. 12,880/- per month = Rs. 1,54,560/- per annum Rs.1,54,560 3. Loss of future income (Rs. 1,54,560 x 17) = Rs. 26,27,520/- Disability @ 20% thereof i.e. Rs. 26,27,520 x 20% Rs. 5,25,504/- 4. Medical Expenses Rs.1,25,000/- 5. Attendant Charges Rs.6,000/- 6. Nutritious/Special diet Rs. 5,000/- 7. Transportation Charges Rs.10,000/- 8. Loss of income during treatment period Rs. 25,000/- 9. Pain, suffering and Mental Trauma Rs. 20,000/- 3 (2018) 18 SCC 130 5 10. Loss of amenities and loss of marriage prospects Rs.20,000/- TOTAL Rs.7,36,504/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.6,56,527/- awarded by the Claims Tribunal is enhanced to Rs.7,36,504/-. Hence, after deducting the amount of Rs.6,56,527/-, the appellants are held entitled for an additional amount of Rs.79,977/-. 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. 10. In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. 11. The Registry is directed to communicate the claimant 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 claimant resides. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham