/'^s ,.,^^^, ^' ^S^'"' ¥ i;-t ^ / HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH ^ CORAM: Appellant Claimant HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (Cl No.760 of 2009 Bhuvan Lal Deshmukh son of late Thukel deshmukh, aged about 52 years, r/o. Simplex Colony, Tadesara, P.S. Somni, District Rajnandgaon (CG). VERSUS Respondents Mahesh Yadav, s/o. Halalu Yadav, aged about 435 years, r/o. near Keju Rice MILL, Nayapara, Tahsil and District Durg (CG). (Driver) Safi Urrahman son of Hanif Urrahman, r/o. Kelabadi, Durg, Smt. Infront of Kiran Devangan Parshad's Home, Tahsit and District Durg (CG). (Owner) The New India Insurance Company Limited, through Manager, Division Office, New India Insurance Co. Ltd., Power House Bhilai, Tahsil and District Durg (CG). (Insurer) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Vishnu Koshta, counsel for the appellant. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. L ORDER (18th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Bhuvan Lal Deshmukh is seeking enhancement of the compensation awarded by the 8th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 24.01.2009, passed in Claim Case No.96/2008. 2) As against the compensation of Rs.3,10,000/-, claimed 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 011 27.12.2007, the Tribunal awarded a total sum of Rs.63,045/- 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-07ZC/6851 liable to pay compensation to the claimant. 4) As the insurer of the 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 daimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.27,720/- towards loss in the future earning capacity; n' Rs.10,823/- towards medical expenses; Rs.9,000/- towards loss of income for the period of three months; Rs.5,000/- towards pain and suffering; Rs.4,500/- for attendant; Rs.4,500/- for special diet; and Rs.1,500/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.63,043/-, which was rounded off to Rs.63,045/- as compensation to the claimant for the injuries sustained by him in the motor accldent. The Tribunal further directed payment of interest on the above amount of compensation of Rs.63,045/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Vishnu Koshta, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.63,045/- only by treating the permanent disability at 7% only though the doctor certifled the same to be 17%. 7) Shri Sudhir Agrawal and Shri P. Dutta, 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.63,045/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Bhuvan Lal Deshmukh was aged about 52 years on the date of the accident. At the relevant time, he was working as Supervisor in a private concern, namely, Simplex Engineering Foundry Works, Rajnandgaon. The claimant pleaded that he was getting salary of Rs.8,000/- per month. The claimant neither r \ "•: ;" T ^r'y produced any salary certificate certifying his salary to the extent of Rs.8,000/- per month nor any proprietor or manager of the said company was examined before the Tribunal. The claimant sustained fractures in the motor accident is established from the evidence of AW-3 Dr.V.S. Baghel. He further certified the daimant's permanent disability to the extent of 17.5% on account of the fracture of his left radius and ulna bones. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. 9) In view of the dtetum of the Apex Court in the case of Raj Kumar Vs. Ajay Kumar and another, reported in (2011) 1 SCC- 343, percentage of the permanent disability certified by the doctor in regard to one part ofthe body ofthe claimant cannot be taken as permanent disability of the whole body. That apart, percentage of loss in the future earning capacity would not always be the same as certified by the doctor to be the permanent disability. 10) The compensation of Rs.63,045/- 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. 11) Considering all the relevant aspects ofthe matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.63,045/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanVdaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.1 1,000/- inclusive of interest component in addition to the sum of Rs.63,045/- awarded by the Tribunal. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu