c^- M.A.fClSGS'/^^OGS' IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) APPELLANT : ^C'LAIMANT ionu @ Dev Prasad Verma, aged about 14 Years, Minor, Through : Legal representative Father- Santosh Verma, R/o Village - Bitkuli, Dstrict Raiipur (C.G.) VERSUS RESPONDENTS y, ,/t<iON-CLAIMANTS ^<1^ ?;y.-- ^^•' ^ oy Tarun Kumar @ Pappu Sahu Sahu, S/o Shri Ram Sahu, R/o hlathanipara, Bhatapara, P.0. Bhatapara, Tahsil Bhatapara, District Raipur (C.G.) Sanjay Kumar S/o Ramdas Gupta, R/o Gandhi Nagar Ward, Bhatapara, Tahsil Bhatapara, Districty Raipur (C.G.) The Oriental Insurance Company Limited, Through : Divisional Manager, Divisional Office No.1, The Oriental Insurance Company Limited, JailRoad, Raipur, District Raipur (C.G.) MiscellanceousAppeal under Section''173 of the MotorVehicleAct, 1994 ^-•'"y"\^y^- A^( yy'^" s<^v^ ^' ^-^ HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL fC) No. 368 of 2009 APPELLANT CLAIMANT RESPONDENTS NON-CLAIMANTS Sonu (5), Dev Prasad Verma. Versus Tarun Kumar @ Pappu Sahu and others. SB:- Hon. Shri N.K. Agarwal, J PRESENT:- Shri S.C.Verma, Advocate for the appellant. None for respondents No. 1 6s 2 though served. Shri Abhishek Sinha, Advocate for respondent No.3. ORAL ORDER (26-8-2011) This is claimant's appeal seeking enhancement of compensation awarded by 9th Additional Motor Accidents Claims Tribunal, Raipur vide award dated 29.01.2008 in Claim Case No. 04/2007. 2. As against the claim of Rs.9,65,000/- claimed by the appellant/claimant by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short the Act') for the injuries sustained by him in the motor accident dated 09.05.2006, the learned Tribunal has awarded a total sum of Rs.1,62,575/- as compensation along with interest at 7.5% per annum from the date of application till its actual payment. 3. The learned Tribunal, on a close scrutiny of the evidence led before it, held: the accident had occurred due to ^rf^'-T06^. -"Sfe. % ,F .^—IS> .?'' fi? S: %i-t:SIS& "s rash and negligent driving by the driver of offending vehicle i.e. Jeep bearing registration No. C.G. 04 B-4519; respondent No.S/insurance company is liable for payment of compensation as respondent No.S/insurance company has failed to prove violation of policy conditions; assessed and awarded the aforesaid amount of compensation for the injuries sustained by the appellant in the said accident. 4. Shri S.C.Verma, learned counsel appearing for the appellant would submit: the learned Tribunal has erred in holding that the appellant did not sustain permanent disability inasmuch as the treating Dr. Pankaj Dhabliya has clearly stated in his evidence that due to dislocation of hip joint, appellant's growth was restricted permanently to some extent and thus has erred in awarding low amount of compensation. 5. On the other hand, Shri Abhishek Sinha, learned counsel for respondent No.S/the Oriental Insurance Company Umited supported the award impugned and submitted that the learned Tribunal has rightly held that appellant did not sustain any permanent disability and has rightly assessed and awarded the amount of compensation, which needs no interference. 6. I have heard learned counsel for the parties and perused the award impugned including the record of the Tribunal. 7. The appellant is a boy of 14 years, sustained multiple injuries in the accident including dislocation of hip joint. The learned Tribunal has awarded Rs.5000/- only towards pain and suffering and Rs.5000/- towards special diet and conveyance. 8. It is a matter of common knowledge, sufficient amount is required for medical treatment. Further, the appellant must have suffered enormous paj.n and suffering on account of injuries sustained by him. in the said accident. 9. The compensation of Rs.1,62,575/- awarded by the learned Tribunal when examined in the context of above broad features of the case, in my considered opinion, the amount awarded by the Tribunal is somewhat on lower side and deserves to be enhanced to some extent. 10. Looking to overall aspects of the matter and the fact that injuries including dislocation of hip joint sustained by the appellant in the motor accident, in the considered opiniQn of this Court, a further award of Rs.25,000/- would make the am.ount of compensation of Rs.1,62,575/- as just and reasonable compensation. ^) 11. Por the reasons mentioned hereinabove, the appeal is allowed in part. A further amount of Rs.25,000/- is awarded to the appellant, in addition to the amount already awarded by the learned Tribunal. The above amount shall carry interest at the rate of 6% per annum from the date of application till its realization. 12. The respondent No.3 / the Oriental Insurance Company Liraited is granted 3 months time to deposit additional amount of Rs.25,000/- along with interest at 6% per annum from the date of claim application in the concemed Tribunal. 13. No order as to costs. Sd/- N.K. Agrawal Judge