^ . ^ ^^^ f^i-ms. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLESHRIRAJEEVGUPTA,C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (C) No.1206 of 2010 Appellant : Ramnath, s/o Adhinva Vishwakarma, Claimant aged about 38 years, r/o Village Hinchhapuri, Police Station Pathariya, Tahsil Mungeli, District Bitaspur (GG) VERSUS Respondents Non-applicants Puneshwar, s/o Tularam Sahu, age about 36 years, r/o Village Khaida, Police Station and Tahsil Nandghat, District Durg (CG) (Driver of the offending vehicle bearing No.CG-04 E/0458) Rahul, s/o Rajeshchandra Shukla, aged about 30 years, r/o KK Ward Bhathapara, Police Station and Tahsil Bhathapara, District Raipur (CG) (Registered owner of the offending vehicle bearing No.CG-04E/0458) TheOriental Insurance Company Ltd., Branch Office No.1, Madina Manzil Building, Jail Ro^d, Kachhari Chowk, Raipur, District Raipur (CG) (Insurer of the offending vehicle bearing No.CG-04 E/0458) IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Pushpendra Kumar Patel, counselforthe appellant. Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3. ^ /^6-^'^- -J^dbl^^ -^ 'l:5t{teB.^.,srf^ AC.No. 1208 of 2010 @ QRDER >th (19tnAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Ramnath is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhatapara, district Raipur (for short 'the Tribunal') vide award datedl 6.08.2010, passed in Claim Case No.12/2009. 2) As against the compensation of Rs.14.82,000/-, ctaimed 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 24.09.2008, the Tribunal awarded a total sum of Rs.30,000/- 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 on a close scrutiny of the entire evidence led before it held the Orientat Insurance Company, the insurer of the offending vehicle Minibus . bearing registration No.CG-04 E /0458 liable to pay the compensation to the elaimant. 4) As the insurer ofthe above offending vehicle Minibus has not filed any appeal challenging the above finding recorded by the Tribunal, thesame now has attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor M.A.C.No.1206 of 2010 accident and the amount proved to have been spent on treatment, awarded lump-sum of Rs.30,000/- 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.30,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Pushpendra Kumar Patel, learned counsel for the appellant submitted that the Tribunal has erred in awarding low cbmpensation of Rs.30,000/- only, though the appellant/claimant sustained multipie serious injuries including fracture in the motor accident resulting in permanent disability to the extent of 63%. 7) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.Sthe Oriental Insurance Company, the insurer of • offending vehicle Minibus, on the other hand contended that the compensation of Rs.30,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Ramnath was aged about 38 years on the date of the accident. The claimant sustainedfracture of his left upper arm is established from the evidence available on record. tt is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. The claimant, being a labour, cotild not have performed his duties as labour on account of the fracture of his left upper arm for a period of 3-4 months resulting in monitory loss to him. 9) The compensation of Rs.30,000/- awarded by the Tribunal, when examined in the context of the above mentioned broad ^^ 's S 4 WI.A.C.No.1206 of 2010 -5J features of the case, in our opinion, is on the lower side and deserves to be enhanced suitably. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.30,000/- awarded by the Tribunal as just and proper compensation in" the facts and circumstances of the present case. 11) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant Is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.30,000/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- ILN. Chandrakar Judge padma