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Chattisgarh High Court
Smt. Sangeeta Prajapati vs Surendra Mandavi on 13 March, 2026
1
Digitally
signed by
SIDDHANT
SIDDHANT
TAMRAKAR 2026:CGHC:12046
TAMRAKAR Date:
2026.03.16
14:51:23
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1084 of 2023
Smt. Sangeeta Prajapati W/o Betaal Prajapati Aged About 36 Years R/o
Village Singdai Ward No.50, Police Station Basantpur, Rajnandgaon,
Presently Residing At Village Haldi, Ward No.51, Tehsil And District
Rajnandgaon, Chhattisgarh. (Claimant)
... Appellant(s)
versus
1. Surendra Mandavi S/o Mangal Mandavi Aged About 39 Years R/o Nandai
Para, Ward No.48, Police Station Basantpur, Tehsil And District
Rajnandgaon, Chhattisgarh. (Driver Of Offending Vehicle Cg-07-Cc-6266)
2. Shiv Kumar Sinha S/o Jhaduram Sinha Aged About 36 Years R/o
Hamalpara Ward No.24, Rajnandgaon, Police Station Basantpur, Tehsil
And District Rajnandgaon, Chhattisgarh. (Owner Of Offending Vehicle Cg-
07-Cc-6266)
3. Branch Manager United India Insurance Company Limited, Micro Office,
Paras Complex, Sbi Near Gurudwara, Station Road Durg, District Durg,
Chhattisgarh. (Insurance Company)
... Respondent(s)
For Appellants/Claimants/ : Mr. Raman Patel, Advocate holding the brief
Injured of Mr. Shaleen Singh Baghel, Advocate
For Respondent No. 3 : Mr. Prasanjeet Dutta, Advocate along with Mr.
Sudhir Agrawal, Advocate
For Respondents No. 1 & 2 : None.
Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board
13.03.2026
1. The claimant has filed this appeal for enhancement of compensation
challenging judgment and award passed by the learned 3 rd Additional Motor
Accident Claims Tribunal, Rajnandgaon passed in Claim Case No. 84/2022
dated 21.02.2023, whereby the learned Tribunal granted compensation to
the tune of Rs. 7,51,651/- with interest at the rate of 6% per annum on
account of injuries sustained by the claimant.
2. The facts in brief are that on 26.11.2021, the claimant was going to Raipur
as pillion rider along with Narendra Prajapati on a motorcycle and when
they reached near petrol pump, driver of the offending Innova Car bearing
registration No. CG 07 CC 6266 by driving it rashly and negligently dashed
the bike, resultantly, the claimant sustained injuries including multiple
fracture over left leg, fracture of femur and fibula bone of right leg, fracture
of femur bone of left leg. The claimant remained hospitalized for
considerable period, and thus, she claimed a sum of Rs. 1,96,00,000/-. The
Insurance Company filed reply and denied averments made in the claim
petition. The learned Tribunal framed issued, parties led evidence, and
thereafter, award was passed.
3. Mr. Raman Patel, Advocate would submit that the learned Tribunal
committed error of law while assessing notional income of the claimant Rs.
9,000/- per month, whereas, the minimum wage admissible to an unskilled
labourer in the month of November, 2021 was Rs. 9,280/-. He would further
contend that the learned Tribunal has granted meager amount against pain
and suffering and failed to grant separate compensation for attendant. He
would pray to enhance the compensation.
4. On the other hand, learned counsel appearing for Insurance Company
would oppose. Mr. Dutta would submit that the learned Tribunal assessed
income of the claimant Rs. 9,000/- as the claimant failed to adduce
evidence to establish her income. He would contend that the learned
Tribunal granted 25% of established income to the claimant on the head of
future prospects, applied multiplier of 15, and further granted adequate
compensation on conventional heads. He would submit that the appeal
deserves to be dismissed.
5. I have heard learned counsel for the parties and perused the record.
6. The medical documents would show that the claimant suffered multiple
fractures. The bone of left leg of claimant was divided in four parts, there
was cut injury below heel of left leg, fracture of femur bone of right leg. The
claimant failed to examine treating Doctor, but on account of injuries, she
suffered permanent disability and certificate Ex. P/9 was issued by District
Medical Board, Rajnandgaon. In the certificate, it is described that the
claimant sustained injures over both thigh, right leg and left heel. The
certificate would further reveal that the both knees of the claimant were
found partially stiff and there was proper calcification. The district Medical
Board issued permanent disability certificate to the extent of 48%. Dr.
Rajesh Sadani, who was member of medical board has proved certificate
Ex. P/9. The certificate was valid for period of one year and 6 months from
the date of its issuance i.e. 27.08.2020.
7. The learned Tribunal assessed functional disability of the claimant 25%.
Neither Insurance Company nor owner of the offending vehicle challenged
the findings recorded by the Medical Board, and thus, it attained finality.
8. The learned Tribunal assessed income of the claimant Rs. 9,000/- per
month, whereas, the minimum wage admissible to an unskilled labourer in
the month of November, 2021 was Rs. 9,280/- and the learned Tribunal
should have taken that figure while assessing income part. The learned
Tribunal has rightly added 25% of established income for future prospects
and applied multiplier of 15 looking to the age of the claimant. The learned
Tribunal granted a sum of Rs. 2,70,651/- against medical expenses, which
has not been challenged by the claimant, and further granted a sum of Rs.
36,000/- for loss of earning during course of treatment. The learned
Tribunal also granted a sum of Rs. 15,000/- for special diet, and these
findings do not warrant interference.
9. The learned Tribunal has granted a sum of Rs. 15,000/- for pain and
suffering, which requires reconsideration and failed to grant separate
compensation for attendant.
10. Taking into consideration the injuries sustained and permanent disability
suffered by the claimant, the compensation granted against pain and
suffering is enhanced from Rs. 15,000/- to 50,000/-. Further, Rs. 10,000/- is
granted as attendant charges. This Court is recomputing the compensation
as below:-
Sr. Heads Compensation Compensation
No. awarded by Tribunal awarded by this
Court
1. Income Rs. 9,000 x12 = Rs. Rs. 9,280/- x 12 =
1,08,000/- Rs. 1,11,360/-
(25%) = Rs. 27,000/- (25%) = Rs.
27,840/-
2. Multiplier (x) 15 = Rs. 4,05,000/- (x) 15 = Rs.
4,17,600/-
3. Medical Expenses Rs. 2,70,651/- Rs. 2,70,651/-
4. Pain and Suffering Rs. 15,000/- Rs. 50,000/-
5. Transportation Rs. 10,000/- (including Rs. 10,000
attendant)
6. Loss of income during Rs. 36,000/- Rs. 36,000/-
course of treatment
7. Special Diet Rs. 15,000/- Rs. 15,000/-
8. Attendant NIL Rs. 10,000/-
TOTAL Rs. 7,51,651/- Rs. 8,09,251/-
11. For the forgoing reasons, the appeal is allowed in part. The amount of
compensation of Rs. 7,51,651/- awarded by the tribunal is enhanced to
Rs. 8,09,251/-. Hence, after deducting the amount of Rs. 7,51,651/-,
the appellants/claimants are held entitled for an additional amount of
Rs. 57,600/- with interest at the rate of 6%. The Insurance Company is
directed to deposit the amount of compensation as enhanced by this
Court within a period of 60 days from the date of receipt of copy of this
order. The appellants shall not be entitled to receive any interest for the
period of delay caused in filing this appeal. Rest of the conditions of
impugned award shall remain intact.
12. Accordingly, the instant appeal is hereby partly allowed.
Sd/-
(Rakesh Mohan Pandey)
Judge
$iddhant
