,^c^^^.,. T? \ .^:/ ;as- t1 i'y^ .'-^v" :!? HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. M.A.No.702of2003 APPLLICANT: Claimant Ramlai Bhandhe, S/o. Hawaldar Bandhe, Aged about 35 years, Occupation -Kuli, R/o Gram- Parasani, Post- Amodi, P.S. Kharora, Distt. Raipur (C.G.) Versus RESPONDENTS 1). Roop Singh, S/o. h^imta Prasad Kawar, NON-APPLICANTS Occupation— Tractor Driver, R/o. Parsada Post & Thana - Arang, Distt. Raipur (C.G.) 2) Daneshwar Dhurandhar, Occupation- Tractor Owner, R/o. Parsada, P.S. & P. Arang, Tah. & Distt. Raipur (C.G.) 3. The New India Insurance Co. Ltd., Through Divisional Manager, Divisional Office Kutehheri Chowk, Jail Road, Raipur (C.G.) Miscellaneous Appeal U/S 173 ofthe Motor Vehicles Act. 1988 .Present: Shri A.L. Singraul, counsel for the appellant. None for respondents No. 1 and 2. Shri Prashant Jayaswal, Senior Coynselwith Shri Ajay Mishra, counsel for respondent No.3 ORDER (23rd October, 2008) Thfe following order of the Court was pas^ed by -,' .Rajeev Gupta, C.J. ~. AppellanV Claimanf Ramlat -Bhandhe is seekhig ^nhancement of the compensation awarded by the First ill^ III! -••• 'v- .iEatSS^ w Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 08-05-2003, passed in Claim Case No. 55/2002. 2. As against the compensation of Rs.29,00,000/- claimed by the appellanV claimant by filing a claim petition under Sectlon 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 04.05.2002, the Tribynat awarded a total sum of Rs.38,200/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3. Shri A.L. Singraul, learned counsel for the appellant submitted that the compensation of Rs.38,200/- award^t by the Tribunal is too low in comparison to the serious nature of the injuries and fractures sustained by the appetlant/ claimant, resulting in permanent disabilityto the extent of 25%. 4. Shri Prashant Jayaswal, learned Senior Counsel for respondent No.3- The New India Insurance Co. Ltd., on the other hand, supported the award and contended that the compensation of Rs.38,200/- awarded by the Tribunal is just and proper compensation in the facts andcircumstances ofthe present case. 5. Appellant/ claimant Ramlal Bhandhe,son the date of the -•»- accident was aged about 35 years. He used to earn his livelihood as a Coolie. The Tribunal found that claiment Ramlal Bhandflfe sustained injuries and fractures in the motor accident on 04.05.2Q02. The Tribunal further found that the driver of the offending vehicle Tractor was responslble for the accident. The •S3S&iS&&ss ®ii^5ta^i-.ei^a^S°!j^^'-^,';$=T.1..:.r"^Tr~'; ?"F ..,..&" "oSi'a-"-''" T Tribunal held that as the offending vehicle Tractor on the date of the acciderit was insured with the New India Insurance Company Limited, the Insurance Company was liable to pay compensatton to the claimants. 6. Considering that the injuries and fractures sustained by the appellanV claimant in the motor accident resulted in permanent disability to theextent of 25%; on account of the permanent disability the appellant would not be able to pursue his occupation as Cootie as efficiently as he was doing prior to tfie accident; the amount spent bythe claimant on his treatment; physical and mental agony the claimant suffer«lon account ofthe in|uries and fractures sustained by him in the motor accident, we are of the opinion that the compensation of Rs.38,200/- awarded by the Tribunal is on the lower side and deserv^ to be enhanced suitably. 7. In our considered view, a lump-sum of Rs.50,000/- inclusive of interest component on the enhanced amount of compensation would be just and proper compensation to the appellant/ claimant for the injuries sustained by him in the motor accident, 8. For the foregoing reasons, the appeat filed by the appellant/ claimant for enhancement of the compensation is allowed in part. Thecompensation of Rs.38,200/- awarded by the Trttunal is enhanced to Rs.50,000/- inGlusive of mterest -/ component on the enhanced amountof compehsation. .-) -:< T ;r.'-niai','!"S~,^^'t-fWI'SS"^SS^7 t^^K^SEi'-I'fl^ ~1 uia(^®('i,stet^BBtS(^3Ta^I®^HS%?S^^?-,~—%,^-^ £& 'y".^ ;=5«»-i"' 4 a^ 9. Respondent No.3 The New India Insurance Company Limited js granted three months' time for depositing the enhanced amount of Rs.11,800/- before the concerning Claims Tribunaf. 10. No order as to costs. S(V- 1 4 Chief Justicel^ .1 Sd/- . ,A Sunil Kismar Sinlla Judge lli!,l- l)Hm— llsiiiaBltid