HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellant Claimant Respondents Non-app^icants Misc. Appeal No. 295 of 2002 Rajesh Kumar Jain, aged about 29 years, s/o. Ramesh Chand Jain, occupation : Auto Parts Business, R/o. Arihant Tractors Bus Stand Nayapara, Rajim, district Raipur C.G. VERSUS 1. Prabhashankar Mishra, aged about 41 years, s/o. Hausala Prasad Mishra, R/o. Mishra Complex, Pachpedi Naka, Raipur, Tahsil & Distt. Raipur C.G. 2. The New India Insurance Co. Ltd., through Divisional Manager, Divisional Office, Kachahari Chauk, Jail Road, Raipur C.G. 3. Vibhashankar Mishra, S/o. M.P. Mishra, R/o. N.D. Tiwari, Block No.9, Room No.4, Hudoko Colony, Pulish Line Raipur, Distt. Raipur C.G. MEMORANDUM OF APPEAL UNDERSECTION 173 OF THE MOTORVEHICLESACT Present: Shri A.L. Singraul, counsel for the appellant. None for respondents No. 1 and 3 though served. Shri Shree Kumar Agrawal, Senior Counsel with Sh'ri Raj Awasthi, counsel for respondent No. 3. ORDER (15th March, 2011) : & te-F^a. 'l f 1%!&'5J 1 "%. ^^ :'^^&^ 3S The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant - Rajesh Kumar Jain is seeking enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 04.02.2002, passed in Claim Case No. 16/2001. 2) As against the compensation of Rs.14,50,000/- claimed by the appellant/ claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.07.2000, the Tribunal awarded a total sum of Rs.4,00,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded lump-sum of Rs.4,00,000/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,00,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri A.L. Singraul, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding loW compensation of Rs.4,00,000/- only though the appellanVclaimant %^y "^^s^^' sustained multiple serious injuries including fractures in the motor accident. 5) Shri Shree Kumar Agrawal, learned Senior Counsel with Shri Raj Awasthi, learned counsel for respondent No.2, the New India Insurance Company Limited, on the other hand, supported tKe award and contended that the compensation of Rs.4,00,000/- awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. 6) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals shouid be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 7) Now we shall examine as to whether the compensation of Rs.4,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Rajesh Kumar Jain was aged about 29 years on the date of the accident. He was running Auto-part Shop at Raipur. The claimant sustained multiple injuries including fractures in the motor accident is established from the evidence of the two doctors examined by the claimant before the Tribunal. The bills and vouchers produced by the claimant in regard to the medical expenses before the Tribunal have been taken into consideration by the Tribunal while assessing the lump-sum compensation of Rs.4,00,000/-. _ 9) The compensation of Rs.4,00,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and the nature of the injuries sustained by the claimant in the motor accident, in our opinion, cannot be termed as inadequate so as to warrant enhancement in this appeal. 10) We, therefore, do not find any scope for enhancement of the compensation awarded by the Tribunal. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 12) No order as to costs. _-—- ^-- Sd/- Chief Justice Sd/- 6 Sunil Kumar Sinha Judge subbu