1 2026:CGHC:20916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1667 of 2019 Manish Goyal, S/o. Suresh Goyal, Aged About 20 Years, R/o. Madiya Chowk, Kumharpara, Jagdalpur, District Basatar, Chhattisgarh. ... Appellant versus 1 - Virendra Patel, S/o. Khemram Patel, Aged About 22 Years, R/o. Pandanar, Chowki Bastar, District Bastar, Chhattisgarh. (Driver & Owner ) 2 - National Insurance Company Limited, Through Branch Manager, In Front Of Head Post Office, Jagdalpur, District Bastar, Chhattisgarh. (Insurer) ... Respondents For Appellant : Mr. Praveen K. Dhurandhar, Advocate For Respondent No.2 : Ms. Minakshi Gupta, Advocate on behalf of Mr. Ashish Gupta, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2026.05.05 16:11:53 +0530 2 05.05.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 05.03.2019 passed by learned Third Additional Motor Accident Claims Tribunal, Bastar, Place Jagdalpur (for short “the Claims Tribunal”) in Claim Case No.142/2016, by which the claim application of the claimant has been allowed and an amount of Rs.13,61,597/- has been awarded as compensation to the claimant for the injuries suffered by him in the accident occurred on 22.03.2016. 2. Mr. Praveen K.Dhurandhar, learned counsel for the appellant/ claimant, would submit that the Claims Tribunal has assessed the income of the appellant to be Rs. 5,000/- per month, which should be Rs. 6,302/- per month, therefore, just & proper compensation has not been awarded to the claimant by the learned Claims Tribunal and, as such, the amount of compensation be enhanced suitably. 3. Ms. Minakshi Gupta, learned counsel appearing for the insurance company/ respondent No.2, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely. 5. After hearing learned counsel appearing for the parties and going through the record and further considering the fact that the claimant had suffered 48% permanent disability as per Ex.P-16, this Court is re-computing the compensation as below:- Heads Compensation awarded by the Tribunal Compensation awarded by this Court Loss Of Earning Rs. 5000 x 12 = 60,000/- Rs. 60,000 x 18 (multiplier) = Rs. 10,80,000 x 48% (loss of earning capacity) = Rs. 5,18,400/- Rs. 6302 + 40% (future prospect) = 8,822 x 12 = 1,05,864 x 18 (multiplier) = 19,05,552 x 48% (loss of earning capacity) = Rs. 9,14,664/- Loss During Treatment Not awarded Rs. 6302 x 4 months = Rs. 25,208/- Medical Bills Rs. 6,64,197/- Rs. 6,64,197/- Pain & Sufferings Rs. 30,000/- Rs. 30,000/- Transportation Rs. 20,000/- Rs. 20,000/- Healthy Diet Rs. 12,000/- Rs. 15,000/- Assistance Rs. 12,000/- Rs. 15,000/- Future Treatment Rs. 1,00,000/- Rs. 1,00,000/- Loss of Amenities Rs. 10,000/- Rs. 20,000/- Total Rs. 13,61,597/- Rs. 18,04,069/- 4 6. In view of the aforesaid analysis, the amount of compensation of Rs. 13,61,597/- awarded by the Claims Tribunal is enhanced to Rs. 18,04,069/-. Hence, after deducting the amount of Rs. 13,61,597/- already awarded by the Claims Tribunal, the appellant/claimant is entitled for an additional amount of Rs. 4,42,472/-. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 45 days. 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. Accordingly, this appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ashok