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Chattisgarh High Court

Minor Vivek Patel vs Manoj Singh on 20 April, 2026

MAC No. 654 of 2020 & MAC No. 651 of 2020

2026:CGHC:17771
Digitally
ANKIT signed
KUMAR by
ANKIT
SINGH KUMAR
SINGH
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR

MAC No. 654 of 2020

 Minor Vivek Patel S/o Parikshit Patel, Aged About 10 Years, Through
Natural Guardian Father Parikshit Patel S/o Shri Bramhanand Patel,
Aged About 38 Years, R/o Village Kanchanpur Sariya, Tahsil
Baramkela, Civil And Revenue District Raigarh, Chhattisgarh.
--- Appellant
versus
1. Manoj Singh S/o Shri Shivnath Singh, R/o House No. 301/k, Indira
Awas Timarlaga, Tahsil Sarangarh, District Raigarh, Chhattisgarh.
(Owner Of The Truck No. CG 13 L 6558).
2. Bablu Singh S/o Shri Suresh Singh, R/o Village Abhirampur, Thana
Sonhe, District Jamui (Bihar) At Present Residence Of Near Lat Nala
Timarlaga, C/o Manoj Singh S/o Shri Shivnath Singh, R/o House No.
301/k, Indira Awas Timarlaga, Tahsil Sarangarh, District Raigarh,
Chhattisgarh (Driver Of The Truck No. CG 13 L 6558).
3. The Oriental Insurance Company Limited Branch Office Rahul
Complex, 3rd Floor, Above Axis Bank Jagatpur Road, Raigarh, District
Raigarh, Chhattisgarh (Insurer Of The Truck No. CG 13 L 6558).
--- Respondents

For Appellant :- Mr. Sumit Shrivastava, Advocate, appears on behalf of Mr. Sunil Sahu, Advocate.

For Respondent No.3 :- Ms. Swati Agrawal, Advocate, appears on behalf of Mr. Pankaj Agrawal, Advocate.

MAC No. 654 of 2020 & MAC No. 651 of 2020

 Minor Vinay Patel S/o Shri Parikshit Patel, Aged About 12 Years, Through Natural Guardian Father Parikshit Patel S/o Shri Bramhanand Patel, Aged About 38 Years, R/o Village Kanchanpur Sariya, Tahsil Baramkela, Civil & Revenue District Raigarh, Chhattisgarh.

--- Appellant Versus

1. Manoj Singh S/o Shri Shivnath Singh R/o House No. 301/k, Indira Awas Timarlaga, Tahsil Sarangarh, District Raigarh, Chhattisgarh (Owner Of The Truck No. CG 13 L 6558).

2. Bablu Singh S/o Shri Suresh Singh, R/o Village Abhirampur, Thana Sonhe, District Jamui (Bihar) At Present Residence Of Near Lat Nala Timarlaga, C/o Manoj Singh S/o Shri Shivnath Singh R/o House No. 301/k, Indira Awas Timarlaga, Tahsil Sarangarh, District Raigarh, Chhattisgarh (Driver Of The Truck No. CG 13 L 6558).

3. The Oriental Insurance Company Limited Branch Office Rahul Complex, 3rd Floor, Above Axis Bank Jagatpur Road, Raigarh, District Raigarh, Chhattisgarh (Insurer Of The Truck No. CG 13 L 6558).

--- Respondents For Appellant :- Mr. Sumit Shrivastava, Advocate.

  For Respondents No.1 :-    Mr. Rohan Kumbhare, Advocate, appears on
  &2                         behalf of Mr. T.K. Jha, Advocate.
  For Respondent No.3. :-    Ms. Swati Agrawal, Advocate, appears on

behalf of Mr. Pankaj Agrawal, Advocate.

SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 20.04.2026

1. Since the common question of law and facts is involved in the

present cases and they have arisen out of common accident, though

MAC No. 654 of 2020 & MAC No. 651 of 2020

different claim cases, they have been clubbed together, heard

together and are being disposed of by this common judgment.

2. Appeal MAC No.654 of 2020 under Section 173 of the Motor

Vehicles Act, 1988 (for short "Act of 1988") has been preferred by the

appellant/injured claimant against impugned award dated

30.11.2019, in Claim Cases No. 41/2016, and appeal MAC No.651 of

2020 under Section 173 of the Act of 1988 has been preferred by

the appellant/injured claimant against impugned award dated

24.12.2019, in Claim Cases No. 40/2016, passed by the Additional

Motor Accident Claims Tribunal, Sarangarh, District Raigarh,

Chhattisgarh (for short "Claims Tribunal"), whereby learned Claims

Tribunal has allowed the claimants' application and awarded

compensation along with interest.

3. Mr. Sumit Shrivastava, learned counsel for the appellants/injured

claimants, would submit that the learned Claims Tribunal has erred in

awarding less amount of compensation in the facts of the present

cases. He would also submit that the in MAC No.654 of 2020,

Claims Tribunal has awarded less amount under the other heads like

pain, special died, transportation etc. which is liable to the enhanced.

He would further submit that in MAC No.651 of 2020, the Claims

Tribunal erred in assessing the monthly income of the injured

claimant to the tune of ₹6,000/- which should be 6,549/- per

MAC No. 654 of 2020 & MAC No. 651 of 2020

month as per Chhattisgarh Minimum Wages Notification issued by

the office of the Labour Commissioner, Chhattisgarh. He would also

submit that amount under the other heads like pain, special died,

transportation etc. less amount has been awarded by the Claims

Tribunal which is liable to be enhanced. Therefore, the appeals filed

by the injured claimants be allowed and the compensation awarded

by the Claims Tribunal may suitably be enhanced.

4. Ms. Swati Agrawal, learned counsel for the Insurance Company,

would oppose the prayer made by learned counsel for the injured

claimants and submit that the Claims Tribunal has awarded just and

proper compensation to the claimants herein.

5. I have heard learned counsel for the parties, considered their rival

submissions made herein above and gone through the records

precisely.

6. Learned Claims Tribunal assessed the monthly income of injured

claimant to be ₹6,000/- in MAC No.651 of 2020, however, in the

opinion of this Court, as per the Chhattisgarh Minimum Wages

Notification issued by the office of Labour Commissioner,

Chhattisgarh, the monthly income of the injured should be ₹6,549/-

(as per minimum wages prescribed at relevant time) and ₹78,588/-

per annum. Furthermore, the Claims Tribunal has awarded less

MAC No. 654 of 2020 & MAC No. 651 of 2020

amount under the other heads like pain & suffering, loss of amenities,

special died and etc. which is liable to be awarded. As such, the

compensation amount is liable to be enhanced.

7. Thus, in light of the aforesaid discussion claimant will be entitled for

the following compensation as computed by this Court:-

    Sr.        Heads          Compensation             Compensation
    No.                       awarded    by        the awarded by this Court
                              Tribunal
    1.    Treatment           ₹21,615/-                ₹21,615/-
          Expenses
    2.    Post     Traumatic ₹4,00,000/-               ₹4,00,000/-
          injury
    3.    Pain and suffering                           ₹70,000/-
    4.    Loss of amenities                            ₹50,000/-
    5.    Special diet &                               ₹50,000/-
          Transportation
                             ₹60,000/-
    6.    Loss of income                               ₹10,000/-
          during treatment
    7.    Total               ₹4,81,615              = ₹6,01,615/-
                              ₹4,81,700/-       (round
                              up




     Sr.     Heads     Compensation awarded Compensation awarded
     No.               by the Tribunal         by this Court
    1.   Income        ₹6,000x12= ₹72,000/- ₹6,549x12 = ₹78,588/-
    2. Future Prospect (+)40% = ₹28,800/-      (+)40% = ₹31,436/-
                       ₹72,000+28,800       = ₹78,588+31,436         =
                       ₹1,00,800/-      (total ₹1,10,024/-       (total
                       income                  income

3. Disability 60% 60% of ₹1,00,800 = 60% of ₹1,10,024 = ₹60,480/- ₹66,014/-

MAC No. 654 of 2020 & MAC No. 651 of 2020

4. Multiplier 15 x ₹60,480 = 15 x ₹66,014 = ₹9,07,200/- ₹9,90,210/-

5. Treatment ₹1,81,448/- ₹1,81,448/-

Expenses

6. Artificial Limb ₹45,95,000/- ₹45,95,000/-

7. Pain & Suffering ₹4,00,000/-

8. Loss of ₹2,00,000/-

Amenities

9. Special diet & ₹1,00,000/-

       Transportation ₹80,000/-              (other
   10. Loss          of heads)                        ₹2,00,000/-
       Marriage
       Prospects
   11. Loss of Income                                 ₹50,000/-
       during
       treatment
       Total            ₹57,63,648/-                  ₹67,16,658/-

8. In view of the aforesaid analysis, the amount of compensation of

₹4,81,700/- awarded by the Claims Tribunal in MAC No. 654 of

2020 is enhanced to ₹6,01,615/-. Hence, after deducting the

amount of ₹4,81,700/-, the appellant/injured claimant is held to be

entitled to an additional amount of ₹1,19,915/-. Further, the amount

of compensation of ₹57,63,648/- awarded by the Claims Tribunal in

MAC No. 651 of 2020 is enhanced to ₹67,16,658/-. Hence, after

deducting the amount of ₹57,63,648/-, the appellant/injured

claimant is held to be entitled to an additional amount of

₹9,53,010/-. In both the appeals, the concerned respondent is

directed to deposit the amount of compensation as enhanced by this

Court within a period of three months from the date of receipt of