.^^y^ • y^"""1"^ '%, ^^.•l:s.—.. % HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Respondents Misc. Appeal fCl No. 150 of 201 O Smt. Prabha Sahu, wife of Hem Lal Sahu, aged about 24 years, R/o. Village Bhatgaon, tahsil and district Dhamtari C.G. VERSUS 1 Tulsi Ram Yadav son of Sonu Ram Yadav, aged 27 years, r/o near I.T.I. Gidam, P.S. Gidam, district Gidam C.G. 2 Santosh Kumar son of Daya Ram Sahu, aged 35 years, r/o behind Oswan Bhawan, Gidam, P.S. Gidam, district Gidam C.G. 3 The New India Insurance Company Limited, ahead Project Auto Mobile, G.E. Road, Power House, Bhilai C.G. Misc. Appeal under Section 173 of theMotorVehicle Act. Present: Shri R.S. Patel and Shri Janak Hidku, counsel for the appellant. Shri Pankaj Agrawal, counsel for respondent No.3. ORDER -th (05InAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Smt. Prabha Sahu is seeking enhancement of the compensation awarded by the Motor 2 ' M.A.C.No.150of2010 n l( Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 18.11.2009, passed in Claim Case No.162/2008. 2) As against the compensation of Rs.8,95,000/- claimed by the appellant/claimant, byfiling a claim petition underSection 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 20.10.2007, the Tribunal awarded a total sum of Rs.91,500/- as compensation 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 the New India Insurance Company Limited, the insurer of the offending vehicle Metador bearing registration No.CG-17-ZB-O116, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Metador has not filed any appeal challenging the above finding recorded by the Tribunal, the same 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 accident and the amount proved to have spent on treatment, awarded Rs.42,500/- towards medical expenses; Rs.34,000/- towards loss in the future earning capacity; Rs.5,000/- for loss of income during the period of treatment; Rs.5,000/- for pain and suffering; and Rs.5,000/- for special diet and other incidental expenses. The Tribunal, thus, awarded a total sum of Rs.91,500/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal M.A.C.No.150of2010 further directed payment of interest on the above amount of compensation of Rs.91,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R.S. Patel and Shri Janak Hidku, learned counsel for the appellant submitted that the Tribunal has erred in awarding Jow compensation of Rs.91,500/- only though the appellant/ claimant sustainedmultiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 30%. 7) Shri Pankaj Agrawal, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Metador, on the other hand, supported the award and contended that the compensation of Rs.91,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Smt. Prabha Sahu was aged about 24 years on the date of the accident. She was a labour by occupation. The claimant sustained fracture of her rjght humerus bone is established from the evidence of AW-2 Dr. Mousam Jefferin. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being a labour, could not have performed her duties as labour on account of the fracture.of her humerus bone for a period of 4-6 months, resulting in monitory loss to her. The Tribunal has erred in awarding only Rs.5,000/- towards loss of income during the period oftreatment. 4 MAC.No. 150 of 2010 hl»»iin»' 9) The compensation of Rs.91,500/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects ofthe matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component bn the enhanced amount of compensation would make the compensation of Rs.91,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellanV claimant for enhancement of the eompensation 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.91,500/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited 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/- R.N. Chandrakar Judge subbu