? HIGH COURT OF CHHATTLSGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc^ApReal (Cl No. 1069 of 2009 Appellant Claimant Respondents 1 Non-applicantNo.1 Respondent No.2 2 Non-applicant No.2 Respondent No.3 3 Non-apDlicant No.3 Ashok Kumar Chauhan son of Lachhram Chauhan, aged about 18 years, resident of Bharatpur, post Purgaon, police station Bilaigarh, district Raipur C.G. VERSUS Rahasyaram Chauhan, son of Ghasirma Chauhan, aged about 28 years, resident of Bankimogra, Korba, police station Bankimogra, district Korba C.G. Driver Dinesh Thakur, son of not known, resident of Premnagar, Surakachhar Korba, poUce station Kusmunda, district Korba C.G. Owner The Oriental Insurance Co. Ltd. office at Transport Nagar, Korba, police station Transport Nagar, district Raipur C.G. Insurer Memo of appeal under Section 173 of IVIotor Vehicle Act Present: Shri S.K. Guha, counsel for the appellant. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER (03rd November, 2011) f\f7 ,s»" .\ I' @ "k ^ Ji' "<~^~-J .A.C. No. 1069 of 2009 ? '/. '^ fv The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Ashok Kumar Chauhan is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Baloda Bazar, district Raipur (for short 'the Tribunal') vide award dated 28.11.2008, passed in Claim Case No.95/2006. 2) As against the compensation of Rs.7,15,000/- claimed by appellant/claimant Ashok Kumar Chauhan, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 15.02.2006, the Tribunal awarded a total sum of Rs.30,000/- as compensation to the claimant along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Ashok Kumar Chauhan sustained multiple serious injuries including fracture of his left tibia bone in the motor accident on 15.02.2006; the accident occurred due to th'e negligence of the claimant himself, who was driving the motorcycle at the time of the accident and the driver of the other vehicle Minibus bearing registration No.C.G.-12/9831; the negligence of the claimant and the driver of the other vehicle Minibus was to the extent of 50% each; as the above Minibus, on the date of the accident, was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish p ^svs^-. . -..•;ya!'e,;^. ^itii ''S'^SU.A •" 'y/ <»,-sf-'^ """,„•"'' AC. No. 1069 of 2009 any breach of the policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed to the claimant. 4) The Tribunal considering the number and nature of the injuries proved to have sustained by the claimant in the motor accident awarded Rs.48,000/- towards loss in the future earning capacity; Rs.5,000/- for special diet; Rs.2,500/- for attendant; Rs.2,500/- for damage to the motorcycle; and Rs.2,000/- for conveyance. The Tribunal, thus, assessed the total compensation at Rs.60,000/-. As the driver of the Minibus was held liable for the accident to the extent of 50% only, the driver, owner and insurer of the Minibus were directed to pay Rs.30,000/- i.e. 50% of Rs.60,000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.30,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri S.K. Guha, learned counsel for the appellant submitted that, though the Tribunal has rightly held that the claimant himself also contributed to the accident to the extent of 50%, it has erred in not awarding any sum towards medical expenses and pain and suffering; and in assessing the total compensation at Rs.60,000/- and in awarding low compensation of Rs.30,000/- only. 6) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the Minibus, on the other hand, suppori:ed the award and contended that the compensation of Rs.30,000/- awarded by .A.C.No. 1069 of 2009 the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Though learned counsel for the appellant has not challenged the finding recorded by the Tribunal that the claimant himself also equally contributed to the accident, for our satisfaction, we have examined the entire material available in the Tribunal's records and considering the nature and manner of the accident; the fact that the claimant at the time of the accident was below 18 years of age and was not holding any driving license at all, we are satisfied that the Tribunal has rightly held that the claimant also equally contributed to the accident. 8) Now, we shall examine as to whether the compensation of Rs.60,000/- assessed by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 9) Claimant Ashok Kumar Chauhan was aged about 16-17 years on the date of the accident. He was student of 12 standard. The claimant sustained multiple serious injuries including fracture of his left tibia bone is borne out from the evjdence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fracture of his left tibia bone must have remained bedridden for a period of 4-6 months, resulting in loss of studies. 10) The Tribunal certainly has erred in not awarding any sum towards medical expenses and pain and suffering. .A.C.No. 1069 of 2009 11) The compensation of Rs.60,000/- assessed by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 12) By awarding further sum of Rs.10,000/- tawards medical expenses and Rs.10,000/- for pain and suffering, the compensation of Rs.60,000/- assessed by the Tribunal is enhanced to Rs.80,000/-. 13) As the claimant himself has been held liable for the accident to the extent of 50%, the claimant is entitled to receive 50% of Rs.80,000/- i.e. Rs.40,000/- as compensation for the injuries sustained by him in the motor accident. 14) The claimant is further awarded Rs.1,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.10,000/-. 15) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. While maintaining the finding of contributory negligence recorded by the Tribunal holding that the claimant himself also equally contributed to the accident, the compensation of Rs.60,000/- assessed by the Tribunal is enhanced to Rs.80,000/- and the compensation of Rs.30,000/- awarded by .the Tribunal is enhanced to Rs.40,000/- with further quantified amount of interest of Rs.1,000/- on the enhanced amount of compensation of Rs.10,000/-. ^ M.A.C.No. 1069 of 2009 16) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- (Rupees eleven thousand only) before the concerning Claims Tribunal. 17) No order as to costs. Sd/- ChiefJiistiee Sd/- Rangnath Chandrakar Judge ^; subbu