^ y^ HIGH COURT OF CHHATTISGARH AT BILASPUR Coram:- Hon'bleShri N.K. Aaarwal & Hon'ble Shri R.N. Chandrakar, JJ nfl.A.(C)No.85of2009 Appellant/ Claimant Premnarayan S/o Punitram Sinha, aged about 52 years, R/oJalampur, Dhamtari, District Dhamtari (C.G.) Respondents/ Non-claimants Versus Deviprasad S/o Bishouha Ram Kose, aged about 41 years, R/o Khorpa, P.S. Patan, District Durg (C.G.) 2. Yogendra Kumar Verma S/o Iswar Prasad Verma, R/o Ashoga, Post & Thana- Ranitaria, District-Durg (C.G.) 3. National Insurance Company Limited, Branch Office-1, Navin Bazar, Raipur, District Raipur (C.G.) 4. Oriental Insurance Company Limited Branch Office, Behind Amar Talkies, Dhamtari, District-Dhamtari (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Appearance: Shri Wasim Miya, counsel for the appellant. Shri B.N: Nande, counsel for respondent No.3. ^.^' Order (23.11.2011) Following order of the Court was passed by N.K. Aaarwal. J. Heard. 1) This is claimants' appeal seeking enhancement of compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short the "Tribunal") in Claim Case No. 45/2008, vide award dated 31.12.2008. 2) As against the compensation of Rs. 10,50,0007- claimed by the appellant/claimant by filing an application under Section 166 of the Motor Vehicles Act, for the injury sustained by him in the motor accident on 11.09.2006; the learned Tribunal has awarded a total sum of Rs.1,16,300/- as compensation to the appellant/claimant along with interest @ 6% per annum from the date of filing of the application till the date of actual payment. 3) The learned Tribunal on a close scrutiny of the evidence led before it held that collision took place between Motorcycle bearing registration No.CG-05/8-7125 being driven by the appellant and minibus bearing registration No.C.G.-07/ZA-0464 being driven by Yogendra Kumar Verma i.e. respondentNo.2. The accident had occurred due to rash and negligent driving of the mini bus bearing registration No.C.G.-07/ZA-0464 by its driver Yogendra Kumar Verma; appellant/claimant sustained multiple injuries including permanent disability in the said accident; respondent No.S-National Insurance Company Limited was held liable for payment of compensation as it could not establish violation of policy conditions and assessed the aforesaid sum as compensation to the appellant/claimant. 4) Shri Wasim Miya, learned counsel appearing for the appellant would submit; the Tribunalhas erred in awarding only Rs.5,000/- for pain and suffering; in not awarding any sum towards loss of leave and in awarding lowcompensation of Rs.1,16,300/-, which deserves to be enhanced suitably. 5) On the other hand, Shri B.N. Nande, learned counsel appearing for the respondent No.S-National Insurance Company Limited contended that the amount of compensation of Rs.1,16,300/- awarded by the Tribunal, in the facts and circumstances of the case, is just and proper compensatjon, which does not call for any interference. 6) We have heard learned counsel for the parties, perused the record ofthe Tribunal including award impugned. 7) The Tribunal, looking to the medical bills produced and proved by the appellant/claimant hasawarded Rs.65.300/- towards medical expenses. Further, the Tribunal has also awarded Rs.5,000/- towards pain and suffering, Rs.3,000/- for conveyance, Rs.3,000/- for special diet, Rs.15,000/- for future treatment expenses and Rs.25,000/- for permanent disability and loss of amenities of iife. 8) As per the statement of the appellant himself, he was and is working in the Nagar Palika, Dhamtari and also getting usual salary, therefore, admittedly there is no loss of future income. However, looking to the number and nature of the injuries and fraeture offemur bone, the appellant must have bedridden for a period of 3-4 months. It is the matter of common knowledge that sufficient amount is required in the treatment of fracture. The Tribunal has also not awarded any sum towards loss of leave. 9) The • compensation of Rs.1,16,300/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our considered opinion, the further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation awarded by the Tribunal as just and proper compensation. v'e?fjfss?ai B ^^- ?J •^•s;- 4- 10) For the reason mentioned herein above, the appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The appellant/claimant is awarded further sumof Rs. 25,000/- over and above the amount awarded by the Tribunal, inclusive of interest component on the enhanced amount of compensation. Award is modified to the above extent. Rest of the conditions mentioned in the award shall remain intact. 11) Respondent No.3 the National Insurance Company Limited is granted three months' time to deposit enhanced amount of compensation of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation before the concerned Claims Tribunal. 12) No orders as to costs. Sd/- N.K. Agrawal Judge s.. Sdf- R.N. Chandrakar Judge Vijay