High Court of Chhattisgarh reaffirms standard compensation computation methodology, upholds its jurisdiction to enhance awards under Section 173, binding on Motor Accident Claims Tribunals
Summary
| Category | Data |
|---|---|
| Case Name | MAC/268/2022 of SMT. CHERGIBAI NETAM Vs PRATAP SIKDAR |
| CNR | CGHC010055072022 |
| Date of Registration | 17-02-2022 |
| Decision Date | 02-09-2025 |
| Disposal Nature | PARTLY ALLOWED |
| Judgment Author | Hon’ble Shri Justice Sanjay K. Agrawal |
| Court | High Court of Chhattisgarh at Bilaspur |
| Bench | Single Judge Bench |
| Overrules / Affirms | Affirms existing legal principles |
| Type of Law | Motor Vehicles Act, 1988 ‑ Section 173 |
| Questions of Law | Whether High Court under Section 173 can re-compute and enhance compensation for 100% functional disability? |
| Ratio Decidendi |
|
| Logic / Jurisprudence / Authorities Relied Upon by the Court | Assessed functional disability; applied multiplier method; apportioned heads of damage per established compensatory principles. |
| Facts as Summarised by the Court | Appellant maid-servant suffered right-leg amputation in a road accident, leading to 100% functional disability. Claims Tribunal awarded ₹9,70,840. Appellant appealed under Section 173 seeking enhancement. |
| Citations | 2025:CGHC:44738; MAC No. 268 of 2022 |
What’s New / What Lawyers Should Note
- High Court’s power under Section 173 to enhance compensation for injury cases reaffirmed.
- Clarifies calculation: annual income × 12; 100% loss; 10% future prospect; multiplier based on age.
- No deduction in injury cases when computing loss of earnings.
- Conventional heads include medical, attendant, nutrition, transport, pain & suffering.
- Interest @ 9% p.a. from date of filing claim until realization is chargeable on additional award.
Summary of Legal Reasoning
- Court noted 100% functional disability post-amputation of right leg of a female maid-servant.
- Determined monthly income at ₹8,320; annualized to ₹99,840.
- Applied 100% loss of income and added 10% for future prospects (₹9,984).
- Chose multiplier 11 (age-based) to calculate loss of earning capacity: ₹1,09,824 × 11 = ₹12,08,064.
- Added conventional heads totalling ₹3,35,193.
- Compared with Tribunal’s award of ₹9,70,840 and enhanced compensation to ₹15,43,257.
- Directed deposit of additional ₹5,72,417 with 9% interest from 04-12-2020.
Arguments by the Parties
Petitioner (Appellant):
- Award of ₹9,70,840 is inadequate for 100% disability.
- As a maid-servant, appellant can no longer earn post-amputation.
- Enhancement warranted under Section 173.
Respondent No. 3 (Insurer):
- Opposed enhancement of compensation.
Factual Background
Appellant, a 45-year-old maid-servant, suffered an accident resulting in right-leg amputation. She filed Claim Case No. 89/2021 under the Motor Vehicles Act, seeking compensation. The Claims Tribunal awarded ₹9,70,840. Appellant appealed under Section 173 in MAC No. 268/2022. The High Court heard rival submissions and conducted re-computation of damages.
Statutory Analysis
- Section 173, Motor Vehicles Act, 1988: empowers High Court to exercise jurisdiction over appeals against Claims Tribunal awards, including enhancement of compensation.
- No other statutory provisions were invoked or interpreted.
Alert Indicators
- ✔ Precedent Followed
Citations
- 2025:CGHC:44738 (High Court of Chhattisgarh)
- MAC No. 268 of 2022
- Judgment dated 02-09-2025, para. 5–6.