1 2026:CGHC:16176 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1373 of 2019 1 - Rupsingh Netam S/o Late Nakulram Netam Aged About 35 Years R/o - Durga Chowk, Santoshi Nagar, Police Station - Tikrapara, District - Raipur (C.G.), ... Appellant versus 1 - Mohd. Javed Khan S/o Sakil Khan Aged About 30 Years R/o - Ward No. 1, Behind The Police Station, Gariyaband, Police Station And District - Gariyaband (C.G.), (Non-Applicant No.1) (Driver of vehicle Bus bearing registration No. CG/05/C/5331) 2 - Sahil Khan S/o Shakil Khan Aged About 26 Years R/o - Ward No. 1, Behind The Police Station, Gariyaband, Police Station And District - Gariyaband (C.G.), (Non-Applicant No.2) (Registered owner of vehicle bus bearing registration No.CG/05/C/5331) 3 - The H.D.F.C. General Insurance Company Limited Through Branch Manager, Branch Office, Second Floor, Pujari Complex, Pachpedi Naka, Raipur, Tahsil And District - Raipur (C.G.), (Non-Applicant No.3) (Insurer of vehicle bus bearing registration No.CG/05/C/5331) ... Respondent(s) KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.09 15:58:52 +0530 2 For Appellant(s) : Miss Pooja Yadav appears on behalf of Mr. Shivendu Pandya, Advocate. For Respondent No.3 : Shri S.K. Kushwaha, Advocate. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/04/2026 1. The appellant/claimant has preferred this Appeal under Section 173 of the Motor Vehicles Act, 1988 (for short ‘the Act, 1988’) calling in question the legality, validity and correctness of the award dated 25.10.2017 passed by the 3rd Additional Motor Accident Claims Tribunal, Raipur to the Court of 1st Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Claims Tribunal’) in Claim Case No.550/2016 by which liability to pay compensation of Rs.4,69,294/- has been fastened on the Insurance Company. In the present Appeal, the appellant/claimant has prayed for enhancement of the compensation amount. 2. Miss Pooja Yadav, learned counsel for the appellant/claimant would submit that the injured has suffered permanent disability of 55% vide certificate issued by the Medical Board Gariyaband (Ex.-P/1), which has been proved by Dr. G.S. Dhruv (PW-1), member of the Medical Board, Government Hospital, Gariyaband and, therefore, 3 the impugned award may be modified by taking permanent disability as 40%. 3. On the other hand, Mr. S.K. Kushwaha, learned counsel for respondent No.3 would support the impugned award. 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 instant case, the Claims Tribunal has assessed the disability of the injured as 20%, whereas Dr. G.S. Dhruv (PW-1), who has examined the injured, has stated that the injured would continue to suffer 50% permanent disability in future. Considering the facts and circumstances of the case and in view of the evidence of Dr. G.S. Dhruv (PW-1), it would be appropriate to enhance award amount by taking permanent disability as 40%. As such, the claimant will be entitled for the following compensation as computed by this Court:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Loss of Income Rs.6,000/- (20% of disability taken by the Tribunal) =Rs.6,000/- x 12 =Rs.72,000/- x 20% = 14,400 x 15 = 2,16,000/- Rs.6,549/- x 12 = Rs.78,588/-, Rs.78,588/- x 40% (disability) = Rs.31,435/- x 40% (future prospect) = Rs.12,574/- Rs.31,435/- + Rs.12,574/- = Rs.44,009/- x 15 = 4 Rs.6,60,135/- 2. Loss of income during treatment - Rs.39,294/- 3. Medical bill Rs.1,58,294/- Rs.1,58,294/- 4. Pain & Suffering Rs.25,000/- Rs.50,000/- 5. Special diet, transportation & Misc. expenses Rs.25,000/- Rs.25,000/- 6. Attendant Rs.5,000/- Rs.20,000/- 7. Future medical treatment Rs.20,000/- Rs.30,000/- 8. Loss of life expectancy Rs.20,000/- Rs.40,000/- Total Rs.4,69, 294/- Rs.10,22,723/- 6. In view of the aforesaid analysis, the amount of compensation of ₹4,69,294/- awarded by the Claims Tribunal is enhanced to ₹10,22,723/-. Hence, after deducting the amount of 4,69,294/- ₹ , the claimant is held to be entitled to an additional amount of 5,53, ₹ 429/-. The Insurance Company is directed to deposit the amount of compensation within a period of three months from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 6% 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. 7. With the aforesaid modifications, the Appeal is disposed of. Sd/- (Sanjay K. Agrawal) Judge Barve