1 2026:CGHC:16423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1174 of 2020 1 - Govardhan Banjare S/o Faggu Banjare Aged About 28 Years R/o Ghasidas Chowk, Village Tulsi , Tilda Nevera, District Raipur Chhattisgarh, Present Address Urkura, Bazar Chowk Bhanpuri, District Raipur Chhattisgarh., ... Appellant (s) versus 1 - Virendra Yadav S/o Gama Yadav Aged About 34 Years R/o Village Mohrenga, Police Station Kharora , District Raipur Chhattisgarh. (Driver Of Vehicle No. C.G. 12 U 1583), District : Raipur, Chhattisgarh 2 - M/s R.R. Fero Aliaz Pvt. Ltd. 65, Industrial Area, Korba, District Korba Chhattisgarh. (Owner Of Vehicle No. C.G. 12 U 1583), District : Korba, Chhattisgarh 3 - The New India Insurance Company Ltd. Issuing Office Sada Complex Transport Nagar, Korba , Through Divisional Manager, Division Office, Kachahri Chowk , Jail Road Raipur , District Raipur Chhattisgarh. 492001 (Insurer) (Vehicle No. C.G. 12 U 1583), ... Respondent(s) For Appellant (s) : Miss Anjali Nayak appears on behalf of Mr. Akhilesh Mishra, Advocate. For Respondent No.3 : Miss Pooja Yadav appears on behalf of Mr. Shivendu Pandya, Advocate. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.04.10 17:58:01 +0530 2 (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/04/2026 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 6.3.2020 passed by the 8th Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Claims Tribunal’) in Claim Case No.689/2017 by which liability to pay compensation of Rs.4,09,831/- has been fastened on the respondents. In the present Appeal, the appellant/claimant has prayed for enhancement of the compensation amount. 2. Miss Anjali Nayak, learned counsel for the appellant/claimant would submit that the Claims Tribunal was not justified in assessing the monthly income of the claimant at Rs.6,000/- inasmuch as the claimant was working as Labour and was earning Rs.250/- per day and as per minimum wages at the relevant point of time, his monthly income should have been assessed at Rs.9,230/-. Learned counsel for the appellant further submits that towards pain & suffering, special diet etc. the Claims Tribunal has awarded an amount of Rs.60,000/-, which may be enhanced suitably. As such, the impugned award may be modified accordingly. 3 3. On the other hand, Miss Pooja Yadav, 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. After hearing learned counsel for the parties and after going through the record, this Court is of the opinion that the Claims Tribunal has wrongly assessed the monthly income of the appellant/claimant at Rs.6,000/- per month, whereas as per the minimum wages at the relevant point of time, monthly income of the appellant should have been assessed at Rs.9,230/-. Considering the facts and circumstances of the case and also in view of the minimum wages at the relevant point of time, it would be appropriate to enhance award amount by taking monthly income of the appellant at Rs.9,230/-. 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/-, Rs.6,000/- x 12 = Rs.72,000/- x 40% (future prospect) =Rs.72,000/- + Rs.28,800/- =Rs.1,00,800/- x 20% (20% disability Rs.9,230/- x 12 = Rs.1,10,760/- Rs.1,10,760/- x 40% (future prospects) = Rs.1,10,760 + Rs.44,304/- = Rs.1,55,064/- (20% disability) Rs.31,012/- x 17 4 assessed by the Tribunal) = Rs.20,160/- x 17 =3,42,720/- = Rs.5,27,217/- 2. Loss of income during treatment - - 3. Medical bill Rs.7,111/- Rs.7,111/- 4. Pain & Suffering, special diet, attendant Rs.60,000/- Rs.75,000/- Total Rs.4,09, 831/- Rs.6,09,328/- 6. In view of the aforesaid analysis, the amount of compensation of ₹4,09, 831/- awarded by the Claims Tribunal is enhanced to ₹6,09,328/- . Hence, after deducting the amount of 4,09, 831/- ₹ , the claimant is held to be entitled to an additional amount of ₹1,99,497/- . The respondents are directed to deposit the amount of compensation within a period of three months from the date of receipt of a 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