1 MAC No. 2058 of 2019 2026:CGHC:27256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2058 of 2019  Dukhu Ram Yadav S/o Late Ram Lal Yadav, Aged About 53 Years, R/o Village And Post Godhi, Police Station Nandi Nagar, Tahsil Dhamdha, District Durg, Chhattisgarh. ... Appellant versus 1. Manoj Gupta S/o S.K. Gupta Aged About 27 Years, R/o Plot No. 6, Street No. 15, A, Pragati Nagar, Risali, Bhilai, Police Station Nevai, District Durg, Chhattisgarh. 2. I.C.I.C.I Lombord General Insurance Company Limited Through Branch Manager, Branch Office, Bhutal Commercial Bhawan, Devendra Nagar Road, Raipur, District Raipur, Chhattisgarh. (Insurer). ... Respondents For Appellant :- Mr. Praveen K. Dhurandhar, Advocate. For Respondent No.2 :- Mr. Sourabh Gupta, Advocate, appears on behalf of Mr. Sourabh Sharma, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 02.07.2026 1. This appeal has been filed by the appellant/injured claimant under Section 173 of the Motor Vehicles Act, 1988 (for short ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 2058 of 2019 “Act of 1988”) seeking enhancement in the compensation amount, against the impugned award dated 27.03.2019 passed by the 1st Additional Tribunal to the 1st Additional Motor Accident Claims Tribunal, Durg, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 255/2016, whereby the Claims Tribunal allowed the claimants’ application and awarded 1,62,000/- along with interest. ₹ 2. Mr. Praveen K. Dhurandhar, learned counsel for the appellant, would submit that the Claims Tribunal has erred in awarding the less compensation. He would also submit that amount under the heads of future prospect and transportation has not been awarded by the the Claims Tribunal and also amount under the head of less loss of earning capacity awarded by the Claims Tribunal. He would further submit that under the heads of future treatment, amenities, pain and suffering and healthy diet and assistance less amount has been awarded by the Claims Tribunal which is liable to be enhanced. 3. Mr. Sourabh Gupta, learned counsel for the Insurance Company/respondent No.2, would oppose the prayer made by learned counsel for the appellant and submit that just and proper amount has been awarded by the Claims Tribunal which does not call for interference. 3 MAC No. 2058 of 2019 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records minutely. 5. Learned Claims Tribunal has not assessed/awarded the future prospect and transportation of the claimant and also under the heads of loss of earning capacity, future treatment, amenities, pain, suffering and healthy died and assistance, less amount has been awarded by the Claims Tribunal which in considered opinion of this Court is liable to be enhanced. 6. 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 Sethi 1, Sarla Verma & Ors. Vs. Delhi Transport Corporation & Ors2 and Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram & Ors 3 , this Court is computing the compensation as below:- Sr. No. Heads Compensation awarded by the Tribunal Compensation awarded by this Court 1. Monthly Income ₹13,104/- 13,104/- ₹ 2. Future Prospect Nil (+)15% = 1,965 ₹ /-; Total = ₹13,104+1,965= 15,069/- ₹ 1 (2017) 16 SCC 680 2 (2009) 6 SCC 121 3 (2018) 18 SCC 130 4 MAC No. 2058 of 2019 3. Yearly Income ₹13,104x 12 = 1,57,248/- ₹ ₹15,069 x 12 = 1,80,828/- ₹ 4. Loss of earning capacity 2% of yearly income = 3,145 ₹ 5% of yearly income = 9,041.4/- ₹ 5. Multiplier (x) 11= 34,595 ₹ /- (x) 11= 99,455 ₹ /- 6. Total Loss of earning ₹34,595/- 99,455/- ₹ 6. Loss of earning during treatment ₹13,104 x 8 = 1,04,832/- ₹ ₹13,104 x 8 = 1,04,832/- ₹ 7. Funeral treatment ₹10,000/- 20,000/- ₹ 8. Loss of amenities, pain & suffering and healthy diet ₹10,000/- 50,000/- ₹ 9. Transportatio n Nil 10,000/- ₹ 10. Assistance ₹2,200/- 10,000/- ₹ Total 1,61,627 = ₹ ₹1,62,000/- (Round off compensation awarded by the Claims Tribunal) ₹2,94,287 /- 7. In view of the aforesaid analysis, the amount of compensation of 1,61,627 ₹ /- [ 1,62,000/- (Round off compensation ₹ awarded by the Claims Tribunal)] awarded by the Claims Tribunal is enhanced to 2,94,287/ ₹ -. Hence, after deducting the amount of 1,61,627 ₹ /-, the appellant/injured claimant is held to be entitled to an additional amount of 1,32,660/- ₹ . The concerned respondent is directed to deposit the amount 5 MAC No. 2058 of 2019 of compensation as enhanced by this Court within a period of three months 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. 8. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit