Rahul Agariya v. Shiv Kumar Yadav
Motor Accidents – Enhancement of compensation for personal injuries
Case brief
What is this about?
Chhattisgarh High Court, Bilaspur — MAC No. 2249 of 2019, decided 07.04.2026 — Sanjay K. Agrawal, J. (Single Bench). Rahul Agariya (appellant/claimant) v. Shiv Kumar Yadav, Madusudan Gupta and Chola Mandalam M.S. General Insurance Company Limited. Enhancement of injury compensation under S. 173 Motor Vehicles Act 1988; award dated 15/11/2019 of 2nd Additional MACT Surajpur in Claim Case No. 112/2018 (originally Rs. 2,10,460/-) challenged. Keywords: minimum wage notification; monthly income Rs. 9,230/-; loss of income Rs. 1,10,760/-; attendant's fee Rs. 1,10,000/-; pain and mental agony Rs. 40,000/-; medical expenses Rs. 81,710/-; enhanced total Rs. 3,52,470/-; additional compensation Rs. 1,42,010/-; interest @ 9% per annum from 05/10/2018; deposit within 3 months by insurer.
What did the court decide?
Compensation enhanced from Rs. 2,10,460/- to Rs. 3,52,470/- (recomputed heads: loss of income Rs. 1,10,760/-; attendant's fee Rs. 1,10,000/-; medical expenses Rs. 81,710/-; pain and mental agony Rs. 40,000/-; conveyance and nutritional food Rs. 10,000/-). Appellant/claimant held entitled to additional compensation of Rs. 1,42,010/-, to be deposited by Respondent No. 3 within 3 months of receipt of copy of the order, carrying interest @ 9% per annum from the date of filing of the claim application (05/10/2018) till realization; rest of the conditions of the impugned award to remain intact.