3"? lB) H ———- -——--—‘—-———————_——— M;A;No Qz’oF 2002 RPPELLANT Narbada, S/o. Hariprasad, >.. CLAIMANT Aged about 25 years, R/o. vill. Darripara. P.S. Bhaiyathaan, Tah. Surajpur, Distt. Surguja (0(3). x” g/v RESPONDENTS §5§:z§§iiazms ~ " 1),,/Oriental Insurance Co.Ltd., Through : Branch Manager, Sadar Read. Ambikapur, Distt. Surguja (Chhattisgarh). INSU RER y 2)/5Late Shri Durga Prasad S/o. Shri Deepchand Agrawal, agea abcut 50 years, R/o. village- Surajpur, Tah . Surajpur, Distt. Surguja (Chhattisgarh). REGISTERED GWNER ,.// 3) 'Shivnarayan,' S/o. Babayeeram, Aged about 25 years, R/o. vill. Darriparar Tah. Surajpur Distt. Surguja (Chhattisgarh) . ACTUAL GWNER 4 Kanwalsai, s/o. Bhaglu Panika, Aged about 26 years. R/o. vill. Darripara, P.S. Bhaiyathaan, Distt. Surguja (Chhattisgarh) DRIVER , , . —-——--.-.. :: O2 ggPEAL UNDER ENHANCEI‘ENT OF T K\¥ ‘__§§c_:TI0N 173 OF -—-—-‘——-—--_—_ -—-e—-_--n...—..~.--_‘-—_-—_-.-_~———-u-—VEIjICLE ACT FOR THE HE AMOUNT OF AWARD. -.—--g—_..—--— WW \ W.‘m.xa:.h¥9;mgza§im mm (W33) W$¥W mm§www Wmm $Wm, date of application i.e. 10—4—97 for the injuries sustained by the appell nt in the motor vehicle accident took place on 18—9—1996, the appell nt has preferred this appeal, seeking I enhancement of compensation to he tune of Rs. 25,000/~. Brief facts of the case are that on 18—9—1996, the truck bearing registration No. MPL 3085 was g ing to Odgee Market and the appellant Was also traveling in the said t . The truck in question met with an accident as a result of which, th appellant received various injuries on ”different parts of his body. The a pellant preferred claim petition under Section 166 of the Motor Vehicl is Act claiming compensation for the injuries sustained by him in the s id accident. SB: HON’BLE SHRI JUSTICE NK AGARWAL 10-7-2009 Shri Ashok Kumar Shukla, Heard on admission. On going through the record, it is observed that the appellant has not produced complete certified copy of the impugned award, however, complete certified copy has becn filed by the appellant in MA. No. 245/2002, which is pending con sideration before Division Bench of this Court. Feeling aggrieved by the award dated 18—12-2001 passed by 13‘ Additional Motor Accident Claims Tribunal, Baikunthpur, Camp Court Surajpur, Distt. Surguja in Clairi Case No. 209/2001 whereby learned Tribunal has awarded a total stun of Rs. 3,000/i along with interest at the rate of 6% per annum from Adv. for the appellant. n t r k W fégam /. WJF kw @1200 mm fs€im %aifcmm Learned Tribunal on a parties, evidence led oral as W‘ record, held that the injuries a sum of Rs. 3,000/— along with it Shri Ashok Kumar Shu submits that although the inju] in nature but the amount award Learned Tribunal in para only sustained one simple injty appellant failed to point out any by adducing evidence, and, t Tribunal is adequate, cannot be l t. admission stage. injury sustained by the appellan Therefore, the appeal desr l" close scrutiny of the pleadings of the all as documentary and the material on re simple in nature and awarded a total iterest @ 6% per annum. kla, learned counsel for the appellant ‘ies sustained by the appellant is simple ed is on lower side. 77 of its award held that the appellant (y on his Heel. Learned counsel for the injury to the appellant much less proved herefore, the amount awarded by the said to be on lower side looking t0 the lrves to be dismissed and is dismissed al Sti/« ! ‘r’ N. K. Agaiwal Judge W)? HERE‘HE! ‘5, \/9$ n/zcex-Lumma. mmdatiw)