HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents //.... Misc. Appeal (Cl No. 435 of 2008 Sukluram Lahre, son of Shri Prabhuram Lahre, aged about 28 years, resident of village Pinkapar, Tahsil Daundilohara, District Durg (CG) VERSUS 1. Rajesh Kumar Son of Shri Lakhan Lahre (Mahar), aged about 24 years, Occupation Driver, Resident of Tulsipur, Bakhtawar Chaal, Rajnandgaon, Tahsil and District Rajnandgaon (CG) 2. M/s High Point Randal (1) Private Limited, Occupation Businessman, Resident of 19 Scheme Number 54, Vijay Nagar Indore, Tahsil and District Indore (MP) 3. ICICI Lombard General Insurance Company Limited, Registered Office ICICI Bank Towers Bandra, Kuria Complex, Bandra (East) Mumbai (Maharashtra) Misc. Appeal under Section 173 ofthe MotorVehicle Act Present: Shri Abhishek Sharma, counsel for the appellant. Shri Amrito Das, counsel for respondent No.3. ORDER ith (26InAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. fir^ |%SS|| \ -^// 'T.^' M.A.C. No. 435 of 2008 Appellant/ claimant Sukluram Lahre is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 16.08.2007, passed in Claim Case No. 104/2006. 2) As against the compensation of Rs. 18,64,2007- claimed by the appellant/claimant by filing a ctaim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 27.02.2006, the Tribunal awarded a total sum of Rs.85,374/- as compensation along with interest @ 12% 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 ICICI Lombard General Insurance Company Limited, the insurer ofthe offending vehicle Jeep bearing registration No.M.P.09/HE-9423, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Jeep 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 been spent on treatment awarded Rs.50,000/- towards loss in the future earning capacity on account of the permanent disability; Rs.26,874/- towards medical expenses; Rs.5,000/- for pain and suffering; Rs.2,000/- for loss of income during the period of treatment; Rs.1,000/- for special diet; and Rs.500/- for damage to.the claimant's cycle. The Tribunal, thus, OAP M.A.C. No. 435 of 2008 awarded a total sum of Rs.85,374/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.85,374/- @ 12% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Abhishek Sharma, learned counsel for the appellant submitted that the Tribunal has erred in awarding only Rs.2,000/- towards loss of income during the period of treatment and in awarding low compensation of Rs.85,374/- only, though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Amrito Das, learned counsel for respondent No.3 the ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicle Jeep, on the other hand, supported the award and contended that the compensation of Rs.85,374/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Sukluram Lahre was aged about 28 years on the date of the accident. He was in the business of selling spices and condiments in different villages. The claimant sustained multiple serious injuries including fractures is established from the evidence of AW-1 Dr. Anil Mahakalkar. It is a matter of common knowledge that sutestantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures sustained by him in the motor accident could not have gone to different villages in M.A.C. No. 435 of 2008 connection with his business activities for a period of 4-6 months resulting in monitory loss to him. 9) The compensation of Rs.85,374/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, js somewhat on the lower side and deserves to be enhanced to sbme extent. 10) Considering all the relevant aspects of the 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.85.374/- 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 compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.85,374/- awarded by the Tribunal. 12) Respondent No.3 the ICICI Lombard General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11 ,0007- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge padma