Q/fe? HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 435 of 2011 Appellant Claimant ^ft' Respondents Non-applicants ^Nrtl' Harwans Singh Chawala aged about 52 years s/o late Inder Singh Chawala r/o. D-24, Sector 3, Devendra Nagar, Raipur, tahsil & district Raipur C.G. VERSUS Sundar Lal Chouhan aged about 55 years S/p MahfESH Ram Chauhan R/o Santrawati P.S. Mohan Nagar District - Durg (C.G.) (Truck Tanker Driver) No. C.G.04ZC1400 Smt. Kulwinder Kor Bhatiya W/o hlardip Singh Bhatiya R/o- 49 A Vivekanand Nagar Raipur District- Raipur (C.G.) (Truck Tanker No. C.G.04ZC1400 Owner) Oriental Insurance Company Limited through Manager Divisional Office No. 1 KaChahari Chowk, Jail Road Raipur (C.G.) (Truck Tanker Insurer) No. C.G.04ZC1400 United India Insurance Company Ltd. Through Divisional Manager, Djvisional Office Krishna Complex Kachahari Chowk Jail Road Raipur (C.G.) (Truck Tanker No. Insurer) C.G.04ZC1400 K- MAC.No. 435 of 2011 <y< Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri A.L. Singraul, counsel for the appellant. Shri Raj Awasthi, counsel for respondent No.3. ORDER (14th November, 2011) The following order of the Court was passed by ,Rajeev Gupta, C.J. This is claimant's appeal for .enhancement of the compensation awarded by the 10th Additional Motoj Accidents Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 04.01.2011, passed in Claim Case No.45/2009. 2) As against the compensation of Rs.24,00,000/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 24.04.2006, the Tribunal awarded a total sum of Rs.1,60,345/- as compensation to the claimant 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 Oriental Insurance Company Limited, the insurer of the offending vehicle Truck - Tanker bearing registration No.C.G.- 04/ZC-1400 liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck- Tanker has not filed any appeal against the impugned award challenging ^ ^tfi:&:% ^•^^,^ ^ii^^j ^-^'^' %^... '^"..:^7 ^^^^s^s MAC.No. 435 of 2011 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 been spent on treatment awarded Rs.1,50,1457- towards medical expenses; Rs.5,000/- for pain and suffering; Rs.2,000/- for special diet and conveyance; Rs.1,600/- for attendant; and Rs.1,600/- towards loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.1,60,345/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment df interest on the above amount of compensation of Rs.1,60,3457- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri A.L. Singraul, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,60,345/- only though the appellant / claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Raj Awasthi, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck-Tanker, on the other hand, supported the award and i contended that the compensation of Rs.1,60,345/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ,^-c,,f^ '".^' ff-'% ^ MAC.No. 435 of 2011 8) Claimant Harwans Singh Chawala was aged about 52 years on the date of the accident. He was a Civil Contractor by occupation. The claimant sustained multiple serious injuries including fractures of his left tibia and left wrist in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant bn account of the fractures of his left tibia and left wrist, could not have performed his occupation of Civil Contractor for a period of 2-3 months, resulting in monetary loss to him. 9) The Tribunal certainly has erred in awarding low sum of Rs.1,600/-; Rs.1,600/- and Rs.2,000/- fowards loss of income during the period of treatment; attendant; and conveyance and special diet. 10) The compensation of Rs. 1,60,3457- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.25,000/- inclusive of interest component on theenhanced amount of compensation would ? make the compensation of Rs.1,60,345/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of ^the present case. 12) The appeal filed by the appellanV claimant for enhancement i - of the compensation, therefore, is allowed in part. The claimant is "^. MAC.No. 435 of 2011 (^f) awarded further sum of Rs.25,000/- (Rupees twenty five thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,60.345/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- (Rupees twenty five thousand only) before the concerning CIaims Tribunal. 14) No order as to costs. Sd/- ChiefJustice ) .. Sd/- R.N. Chandmkar Judge subbu f»^!