Kishan Lal Sahu vs YANKIT DEWANGAN

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CGHC010327022024 2026:CGHC:38938
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1903 of 2024
1 - Kishan Lal Sahu S/o Late Alakh Ram Sahu Aged About 54 Years R/o
Anjora, District- Rajnandgaon (C.G.) ----(Claimant)
... Appellant
versus
1 - Yankit Dewangan S/o Bhagwat Ram Dewangan, Aged About 21
Years R/o House No. 129/a, Risali Sector Bhilai, Nevai, District-Durg
(C.G.) ----( Driver Of The Car No. CG-07 M-6892)
2 - Bhagwat Ram Dewangan S/o Rameshwar Dewangan, R/o House
No. 129/A, Risali Sector Bhilai, Nevai, District-Durg (C.G.) -----( Owner
Of The Car No. CG-07 M-8692)
3 - National Insurance Company Ltd., Add.- Aakash Ganga Supela,
Bhilai, District-Durg (C.G.) ----( Insurer Of The Car No. CG-07 M-6892)
... Respondent(s)
For Appellant(s) : Mr. Mohd. Arman Memon, Advocate on
behalf of Mr. Syed Majid Ali, Advocate.
For Respondent No.3 : Mr. Raj Awasthi, Advocate.
Hon'ble Shri Justice Sanjay Kumar Jaiswal
Judgment on Board
(02.09.2026)

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1. This appeal under Section 173 of the Motor Vehicles Act, 1988
(for short the "Act of 1988") has been preferred by the
appellant/claimant seeking enhancement of the amount of
compensation, challenging the impugned award dated
09.02.2024, passed in Motor Accident Claim Case No.212/2020,
whereby the learned Claims Tribunal has awarded a total sum of
Rs.2,34,000/- as compensation for the injuries sustained in a road
accident which took place on 28.02.2020, resulting in permanent
disability to the claimant.
2. Learned counsel for the appellant would submit that the learned
Claims Tribunal has erred in awarding a lesser amount of
compensation in the facts of the case. He further submits that the
learned Claims Tribunal considered the appellant as unskilled
labour but has assessed the income of the deceased at
Rs.8,000/- per month, whereas it should have been Rs.8,600/- per
month for the unskilled labourer at the date of the accident;
therefore, considering the deceased as a unskilled labourer, the
income of the deceased should be considered on the higher side.
Learned counsel further submits that Dr. Swami Dev Bhupendra
(AW-2) had issued disability certificate (Ex.P-9) to the extent of
30% disability, but the learned Claims Tribunal considered the
disability to the extent of 10% only, which is erroneous. It is
submitted by learned counsel for the appellant that, in view of the
evidence of the Dr. Swami Dev Bhupendra (AW-2), the disability
of the appellant/claimant ought to be assessed at 30%. The
claimant was working as a Mason, and owing to the shortening of
his left leg, mal-union of the fracture of the right hand, resulting in
deformity, stiffness of the wrist, and shortening of the right leg by
approximately 1 ½ inch, his earning capacity and functional ability
have been adversely affected. Therefore, considering the nature
of his occupation and the functional disability suffered by him, the
disability may reasonably be assessed at 30% for the purpose of
determination of compensation and the compensation awarded by

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the Claims Tribunal may suitably be enhanced.
3. Learned counsel for respondent No.3/insurance company would
submit that the Claims Tribunal after appreciating oral and
documentary evidence available on record has rightly awarded
the compensation amount. He further submits that the 30%
disability assessed by the doctor pertains to the disability in
relation to walking and is with reference to the whole body. It was
further submitted that the 10% loss of earning capacity assessed
by the learned Tribunal is justified, which needs no interference by
this Court. Therefore, the instant appeal may be dismissed.
4. I have heard learned counsel for the parties, considered their rival
submissions made herein-above and went through the records
with utmost circumspection.
5. In the present case, the income of the appellant was not
substantiated by any documentary evidence. Although the
Tribunal determined that the appellant falls under the category of
unskilled labourer, it erroneously assessed his notional income at
Rs.8000/- per month at the time of accident. According to the
guidelines issued by the Labour Department, the minimum wage
for unskilled labour at the time of the accident (i.e., 28.02.2020)
was Rs.8,600/- per month. Under these circumstances, it is
appropriate to re-assess the monthly income of the appellant at
Rs.8,600/- instead of Rs.8,000/-.
6. Further, it is found that disability certificate (Ex.P-9) was not
issued by the District Medical Board. Dr. Swami Dev Bhupendra
(AW-2), an Orthopedic Specialist, had issued the said certificate in
his individual capacity. The accident had occurred in the year
2020, whereas the disability certificate, Ex.P-9, was issued in the
year 2023. The claimant has explained the delay by stating that,
during the intervening period, the COVID-19 pandemic was
prevailing and, therefore, he could not obtain the disability

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certificate earlier. As per the medical reports (Ex.P-6, P-7) and the
Bed Head Ticket (Ex.P-8), the claimant had sustained fractures of
the lower end of the right radius and the middle one-third shaft of
the left femur. Therefore, there is no reason to disbelieve the
disability certificate (Ex.P-9). Accordingly, the loss of earning
capacity assessed at 10% by the learned Claims Tribunal is
enhanced to 25%.
7. Further, in view of law laid down in National Insurance
Company Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC
680 , it would be appropriate to calculate 25% future prospect in
the monthly income of the injured appellant considering his age
(50 years) i.e. Rs.2,150/-, the monthly income of the appellant
comes to Rs.10,750/- (8600+2150), thus, the annual income of
the appellant comes to Rs. 1,29,000/- (10,750x12).
8. The annual income of the appellant has been calculated at Rs.
1,29,000/-, the reduction in earning capacity is 25% i.e. Rs.
32,250/-. The age of the appellant was 50 years at the time of
accident. In view of the matter of National Insurance Company
Ltd., Vs. Pranay Sethi and Others, (2017) 16 SCC 680 by
applying the multiplier of 13, the loss of income due to reduction in
total earning capacity is Rs. 4,19,250/- (Rs.32,2501x13).
9. The claimant/appellant was not only admitted to the hospital but
also underwent an operation. It is evident that certain expenses
incurred during the course of treatment are of such nature that it is
not possible to preserve in respect thereof. In such circumstances,
it would be just and appropriate to enhance the amount of
compensation under the other appropriate heads.
10. Thus, the amount of compensation awarded by the learned
Claims Tribunal is modified as under:-
S.No Heads Award by the Award by this

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. Tribunal Court
01 Towards loss of future
Rs.1,56,000/-
Rs.4,19,250/-
income due to
permanent disability.
02 Towards future
Rs.5,000/- Rs.10,000/-
medical expenses.
03 Towards physical pain
Rs.35,000/- Rs.50,000/-
and mental agony.
04 Towards diet,
Rs.10,000/- Rs.10,000/-
transportation and
misc. expenses.
05 Towards attendant. Rs.4,000/- Rs. 5,000/-
06 Toward loss of income
Rs.24,000/- Rs.25,800/-
during treatment.
Total Rs.2,34,000 /- Rs.5,20,050/-
11. Thus, the total compensation is recomputed as Rs.5,20,050/-.
After deducting Rs.2,34,000/- as awarded by the tribunal, the
enhancement would be Rs.2,86,050/-.
12. In the result, the appeal is partly allowed . The appellant/claimant
shall be entitled to Rs. 2,86,050/- in addition to what has already
been awarded by the claims Tribunal. The enhanced amount shall
carry interest @ 6% per annum from the date of filing of the claim
application before the tribunal till its realization. The impugned
award stands modified to the above extent and rest of the
conditions shall remain intact.
13. The Registry is further directed to communicate the claimant in
writing “the enhanced amount” in this appeal as against the award
made by the Tribunal below. The said communication be made in
Hindi Deonagri language and the help of paralegal workers may

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be availed with a co-ordination of Secretary, Legal Aid of the
concerned area wherein the claimants resides.
Sd/-
(Sanjay Kumar Jaiswal)
Judge
Digitally signed by
VIJAY BHARATRAO
PEKDE
Date: 2026.09.07
15:20:34 +0530
pekde