1 2026:CGHC:19111 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2035 of 2019 1 - Deepak Thapa S/o Rajbahadur Thapa Aged About 22 Years R/o P/s , 7th Batallian Bhilai, P.S. Supela Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Appellant versus 1 - Rahul Makhija S/o Ramchandra Makhija Aged About 32 Years R/o Baba Deep Nagar , Ward No 09, Near Sindhu Bhawan, Vaishali Nagar, P.S. Supela , Tehsil And District Durg Chhattisgarh.( Driver Of Vehicle No. Cg- 07/bh- 9200), District : Durg, Chhattisgarh 2 - Director Kripal Udyog , Plot No. 12/d. Hia (Heavy Industrial Area), Bhilai, Tahsil And District Durg Chhattigarh (Owner Of Vehicle No. Cg-07/bh-9200), District : Durg, Chhattisgarh 3 - Branch Manager National Insurance Company Limited , Branch - 1, Bhutani Complex , G.E. Road . Power House Bhiali , Tahsil And District Durg Chhattisgarh.(Insurer Of Vehicle No. Cg-07/bh-9200), District : Durg, Chhattisgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.04.28 11:19:06 +0530 2 For Appellant : Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 : Ms. Prerna Agrawal on behalf of Mr. Sudhir Agrawal, Advocates SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 25.04.2026 1. The instant appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/claimant against the impugned award dated 25/09/2019 (Annexure A/1) passed by learned 3rd Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 260/2018 seeking enhancement of compensation awarded by the Claims Tribunal for the injuries suffered by him. 2. Learned counsel for the appellants/claimants would submit that on account of the accident, the appellant/injured suffered 17% permanent disability vide Ex. P/76 which was proved by Dr. S.D. Bhupendra (P.W.-2), however, the Claims Tribunal has assessed the permanent disability as 10% and moreover, the Tribunal has not assessed loss of earning but it ought to have been assessed taking the monthly income of the appellant as Rs. 8,320/- as per the minimum wage notification at the time of the accident. 3 Therefore, the amount of compensation awarded by the Claims Tribunal may suitably be enhanced. 3. Learned counsel for respondent No. 3/Insurance Company would support the impugned award and submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the award would show that the Claims Tribunal has not assessed loss of earning of the appellant which ought to have been assessed by taking the monthly income of the appellant as per the minimum wage notification prevailing at the time of the accident. As such, considering the nature and gravity of the injuries suffered by the appellant as well as the expenses incurred by him on treatment and other heads, this Court is calculating the compensation as stated below :- Heads of Compensation Compensation awarded by the Tribunal Compensation awarded by this Court Loss of earning NIL Rs. 8,320/- + 40% (future prospect) = Rs. 11,648/- x 12 = 4 Rs. 1,39,776/- x 18 = Rs. 25,15,968/- x 5% = Rs. 1,25,798/- Loss during treatment NIL Rs. 8,320/- (1 month) Pain and suffering Rs. 10,000/- Rs. 25,000/- Assistance Rs. 5,000/- Rs. 10,000/- Healthy Diet Rs. 5,000/- Rs. 10,000/- Loss of Amenities Rs. 5,000/- Rs. 10,000/- Transportation NIL Rs. 5,000/- Future Treatment NIL Rs. 10,000/- Medical Bills Rs. 38,768/- Rs. 38,768/- Total Rs. 63,768/- Rs. 2,42,886/- 7. In view of the aforesaid analysis, the amount of compensation of Rs. 63,768/- awarded by the Claims Tribunal is enhanced to Rs. 2,42,886/-. Hence, the appellant/claimant is held entitled for an additional compensation of Rs. 1,79,118/-. Respondent No. 3 is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 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 i.e. 11/05/2018 till its realization. Rest of the conditions of the impugned award shall remain intact. 5 8. Accordingly, this appeal is allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Harneet