1 2026:CGHC:18355 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2211 of 2019 1 - Vikas Dayal (Died And Deleted) As Per Court Order Dated 30-03- 2026. Through Lrs- 1.1 - Smt. Jayanti Dayal, Wd/o. Late Vikas Dayal, Aged About 41 Years, R/o. At 116 Akash Nagar Rajeev Gandhi Ward No. 33, Jagdalpur, Distt. Bastar, Chhattisgarh. 1.2 - Rinku Dayal, S/o. Late Vikas Dayal, Aged About 18 Years, R/o. At 116 Akash Nagar Rajeev Gandhi Ward No. 33, Jagdalpur, Distt. Bastar, Chhattisgarh. --- Appellants versus 1 - Deepak Kiri, S/o. Shri Kishan Chand Kiri, Aged About 28 Years, R/o. Vrindavan Colony Behind Kalibadi School Jagdalpur, District Bastar, Chhattisgarh………..(Driver Of The Vehicle) 2 - Kushlachand Kiri (Khatri), S/o. Late Padamchand Kiri, R/o. Vrindavan Colony Behind Kalibadi School Jagdalpur, District Bastar, Chhattisgarh. ……….(Owner Of The Vehicle) ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.04.22 17:44:04 +0530 2 3 - The Branch Manager, HDFC Ergo General Insurance Company Limited, 3rd Floor Chawla Complex, Devendra Nagar Road, Sai Nagar Raipur, District Raipur, Chhattisgarh. ………..(Insurer) --- Respondents For Appellants : Mr. Vikas Patel, Advocate on behalf of Mr. P.K.Tulsyan, Advocate For Respondent No.3 : Mr. Harshmander Rastogi, Advocate & MAC No. 332 of 2020 Branch Manager, HDFC Ergo General Insurance Company Ltd, 3rd Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar, Raipur, Chhattisgarh. 492001 (Insurer Of Vehicle No. Chhattisgarh 17-K.F.- 8300). ---Appellant Versus 1 - Vikas Dayal, S/o. Late Premdayal, Aged About 42 Years, R/o. Rajiv Gandhi Ward, No. 33, Akash Nagar, Thana- Bodhghat, Jagdalpur, District- Bastar, Chhattisgarh. (Claimant) 2 - Dipak Kiri, S/o. Shri Kishanchand Kiri, Aged About 28 Years, R/o. Vrindavan Colony, Behind Kalibadi School, Chhattisgarh, (NB- Complete Address Not Mention By The Tribunal And The Said Location Is Situated At- Thana Bodhghat, District- Bastar, Chhattisgarh, (Driver Of Vehicle No. CG- 17 K.F.-8300) 3 - Kushalchand Kiri (Khatri), S/o. Late Padamchand Kiri, R/o. Vrindavan Colony, Behind Kalibadi School, Chhattisgarh (NB- Complete 3 Address Not Mention By The Tribunal And The Said Location Is Situated At- Thana Bodhghat, District- Bastar, Chhattisgarh. (Owner Of Vehicle No. CG-17-K.F.-8300) --- Respondents For Appellant : Mr. Harshmander Rastogi, Advocate For Respondent No.1 : Mr. Vikas Patel, Advocate on behalf of Mr. P.K.Tulsyan Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 22.04.2026 1. Against the impugned award dated 18.10.2019 passed by the learned Third Additional Motor Accident Claims Tribunal, Bastar Place Jagdalpur in Claim Case No.30/2018, the claimants have preferred MAC No.2211/2019 seeking enhancement of the amount of compensation, whereas the insurance company has preferred MAC No.332/2020 seeking deduction on the amount of compensation. 2. Since common question of law and facts are involved in both the appeals, they are clubbed together, heard together and disposed of by this common order. 4 3. Mr. Vikas Patel, learned counsel appearing for the claimants, would submit that the learned Claims Tribunal has determined that the claimant has suffered 100% permanent disability, however, just & proper compensation has not been awarded; therefore, the amount of compensation be enhanced suitably. 4. Mr. Harshmander Rastogi, learned counsel appearing for the insurance company, would submit that the amount of compensation awarded by the learned Claims Tribunal is on much higher side, therefore, the same may be reduced. 5. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records meticulously. 6. So far as the appeal of the insurance company is concerned, the learned Claims Tribunal, after having considered the evidence available on record, has clearly recorded a finding that there is transplantation of right pelvic bone of original claimant, which has been proved by Dr. L.L.Thakur (AW-4) & Dr. Sachin Mall (AW-2), which amounts to 100% permanent disability. The said finding recorded by the learned Claims Tribunal is a correct finding of fact based on evidence available on record, which is neither perverse nor contrary to the record; therefore, the appeal of the insurance 5 company has no merit, the same is liable to be and hereby dismissed. 7. So far as the appeal of the claimant is concerned, the Claims Tribunal has assessed the monthly income of the deceased to be Rs. 5,000/- per month, which ought to have been taken Rs. 6,648/- per month as per the Chhattisgarh Minimum Wages Notification issued by the office of the Labour Commissioner, Chhattisgarh. Thus, in light of the aforesaid discussion and in light of the judgments of the Supreme Court rendered 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 Ram @ Chuhru Ram & Ors 3 , this Court is recomputing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Income as per minimum wages Rs. 5,000/- p.m. Rs. 60,000/- p.a. Rs. 6,648/- p.m. Rs. 79,776/- p.a. Future prospects Nil Add 25% : Rs. 79,776 + 19,994 = Rs. 99,720/- Loss of Income x Multiplier of 14 Rs. 60,000 x 14 = Rs. 8,40,000/- Rs. 99,720 x 14 = Rs. 13,96,080/- Medical Expenses Rs. 1,06,682/- Rs. 1,06,682/- 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 6 Pain & Suffering Rs. 10,000/- Rs. 25,000/- Special Diet & Assistant Rs. 25,000/- Rs. 25,000/- Traveling Expenses Rs. 10,000/- Rs. 10,000/- Total Rs. 9,91,682/- Rs. 15,62,762/- 8. In view of the aforesaid analysis, the amount of compensation of Rs. 9,91,682/- awarded by the Claims Tribunal is enhanced to Rs. 15,62,762/-. Hence, after deducting the amount of Rs. 9,91,682/-, the claimants are entitled for an additional amount of Rs. 5,71,080/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days from the date of receipt of copy of this order. The additional amount of compensation shall carry interest @ 9% 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. 9. Accordingly, the appeal of the insurance company is dismissed and the appeal of the claimants is partly allowed. The impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok