1 CGHC010007362025 2026:CGHC:42556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 61 of 2025 Smt. Sharda Dhruv Wd/o Late Asharam Dhruv Aged About 49 Years R/o Uparpara, Bilori, P.S. Parpa District Bastar Chhattisgarh. ... Appellant versus 1 - Mohan Kashyap S/o Shri Gurunath Kashyap Aged About 23 Years R/o Village Rampal, Khalepara, P.S. Bastar District Bastar Chhattisgarh. (Driver) 2 - Arvindd Kashyap S/o Shri Gurunath Kashyap Aged About 28 Years R/o Village Rampal, Khalepara, P.S. Bastar District Bastar Chhattisgarh. (Owner) 3 - Branch Manager Tata Aig General Insurance Company Limited, Branch Office 1st Floor, 106-7 Walfort Zone, Bilaspur Road, Near Fafadih Chowk, Raipur Chhattisgarh. (Insurer) --- Respondent(s) For Appellant : Mr. Vikas Patel, Adv. on behalf of Mr. PK Tulsyan, Adv. For Respondent No.1 & 2 : Mr. Vikash A. Shrivastava, Advocate For Respondent No.3 : Ms. Mansi Bandey, Adv. On behalf of Mr. Sourabh Sharma, Adv. SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.10.01 17:37:13 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal (Order on Board) (30.09.2026) 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 09.12.2024 passed in Claim Case No. 43/2022 by the learned 1st Additional Motor Accident Claims Tribunal, Bastar (C.G.), whereby the learned Claims Tribunal has awarded a total sum of Rs. 2,57,530/- as compensation for the injuries sustained by the appellant/claimant, aged 49 years, in a road accident which took place on 08.08.2021. Since, there was a breach of policy conditions, an order of pay and recover was also passed by the learned Claims Tribunal. 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. There is a disability certificate (Ex.P-8) issued in favour of the Appellant mentioning the disability @ 40% for her left leg and for whole body @ 13% proved by Dr. Lakhan Thakur (AW-2). Despite, the Tribunal has only assessed her disability @ 10 %. Further, the Claims Tribunal has assessed the income of the appellant on the lower side. The date of accident is 08.08.2021 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. 9,200/- instead of Rs. 9,000/- as assessed by the Tribunal. The appellant remained admitted for 5 days and her left leg was fractured. The Claims Tribunal has awarded meager amount towards 3 loss of income during the period of treatment, towards medical expenses and towards pain and suffering. Therefore, the instant appeal may be allowed and the compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondents No. 1, 2 & 3 would submit 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. Dr. Lakhan Thakur (AW-1) in his statement recorded before the Tribunal has stated that on 09.01.2023, the applicant Sharda Dhruv appeared before the District Medical Board, Jagdalpur for obtaining a disability certificate. Prior to issuing the certificate, the Board examined her treatment papers, which revealed a fracture of the femur bone of her left thigh. On examination, she was unable to sit cross- legged or in squatting position and the muscles around her thigh and knee were found weakened. After examination, the Board assessed 40% permanent disability in her left leg and the certificate issued in this regard has been exhibited as Ex. P-08. In his cross-examination, he has stated that the injured has suffered 13% permanent disability with reference to the whole body. 6. The injured was a labourer and was also engaged in agricultural work. Considering the statement of Dr. Lakhan Thakur (AW-1) and the permanent disability certificate 4 (Ex.P-08), the functional disability of the injured Sharda is assessed as 25%. 7. In the case at hand, it is true that the learned Tribunal has taken the monthly income of the injured/claimant as Rs. 9,000/-, whereas it ought to have been Rs. 9,200/- as per the Minimum Wages Notification issued by the Office of the Labour Commissioner, Chhattisgarh. Further, as the claimant remained hospitalized for 5 days and had sustained fracture in her left leg, it is quite probable that she must have undergone treatment for about three months and remained unable to perform her work during the said period. Therefore, a sum of Rs. 40,000/- instead of Rs. 18,000/- would be just and proper to be awarded under the head of loss of income during treatment. A sum of Rs. 25,000/- instead of Rs. 24,030/- would be justified towards medical expenses, as it is not possible to preserve all the bills. Furthermore, a sum of Rs. 30,000/- instead of Rs. 20,000/- would be justified towards pain and suffering. 8. Thus, in light of the aforesaid discussion, this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1 Income Rs. 9000x12= 1,08,000/- Rs.9200x12= 1,10,400/- 2. Future prospect (+)25% (i.e. Rs. 27000) = Rs.1,35,000/- (+)25% (i.e. Rs. 27600) = 1,38,000/- 3. Loss of earning capacity of total income 10%i.e.Rs.13,500/- 25%i.e.Rs.34,500/- 4. Multiplier (x) 13 = 1,75,500/- (x)13= 4,48,500/- 5 5. Loss of income Rs.18,000/- Rs.40,000/- 6. Medical expenses Rs. 24,030/- Rs. 25,000/- 7. Nutritious diet Rs.10,000/- Rs. 10,000/- 8. Physical and mental pain Rs.20,000/- Rs.30,000/- 9. Towards attendant Rs.10,000/- Rs.10,000/- Total Rs.2,57,530/- Rs.5,63,500/- 9. In view of the aforesaid analysis, the amount of compensation of Rs.2,57,530/- awarded by the Claims Tribunal is enhanced to Rs.5,63,500/-. Hence, after deducting the amount of Rs.2,57,530/-, the appellants are held entitled for an additional amount of Rs.3,05,970/-. 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