® HIGH COURT OF CHHATTISGARH AT BILASPUR Sinale Bench : Hon'ble Shri Dilip Raosaheb Deshmukh, J, Appellant Claimant Respondents Non-claimants Misc. Appeal fCl No.1290/2008 Subodh Chandra Haaldar, S/o T.N.Haaldar, Aged about 59 years, R/o Mana Camp, District Raipur (C.G.) Versus 1. Umed Prasad Sahu, S/o Maniram Sahu, aged about 35 years R/o Torala, Thana Nayapara, Rajim, Tahsil and District Raipur (C.G.) 2. Premlal Tarak, S/o Punitram Tarak, R/o Village Kathiya Thana Gobara, Nayapara, Tahsil Rajim, District Raipur (Chhattisgarh) 3. The Oriental Insurance Company Limited, Through : Divisional Manager, Divisional Office, Kutchery Chowk, Jail Raod, Raipur (C.G.) Misc. Appeal under Section 173 ofthe MotorVehicle Act, 1994 Present: Shri A.L. Singraul, counsel for the appellant. ORAL ORDER (Passed on this 26th day of September, 2008) Heard on admission. 2. This is an appeal by the claimant for enhancement of compensation, who is aggrieved by the order dated 16.07.2008 by 10th Additional Motor Accidents Claims Tribunal, Raipur (henceforth 'the Tribunal') in claim case No.03/2008 whereby compensation of Rs.78,562/0 has been awarded by the Tribunal . 3. In an injury case where the ctaimant-appellant had suffered V/ grievous injury to wit fracture in the ribs, fhe Tribunal has awarded compensation of Rs.78,562/-^ the break up of which is as fotlows: . ^^ '^ ^. !^5^^ "^&^" ^z- A) For actual expenses incurred in treatment B) For pain and suffering C) For special diet and expenses towards conveyance D) Loss of income Total : Rs.56,562/- : Rs. 5,000/- : Rs. 5,000/- : Rs.12,000/- : Rs.78,562/- 4. It is not disputed by the learned counsel for the appellant that no medical evidence was adduced by the claimant in the Tribunal to show that the claimant had suffered any permanent disability due to accident. 5. In this view of the matter, 1 am of the considered opinion that in ^ ^ ^k-t. a»^>€^ the facts and circumstances/the compensation awarded by the Tribunal is just and reasonable compensation. No ground for enhancement of *. compensation is made out. 6. The appeal preferred by the appellant being devoid of merit is dismissed at the stage of admission. Dilip Raosaheb Deshmukh Judge