HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. hflisc. Appeal (C) No.39 of 2011 ApRellant Ginendra Kumar Sahu, s/6 Birbal Sahu, aged about 26 years, r/o village Kosmarra, Tahsil Kurud, District DRamtari (CG) Non- applicants VERSUS Tarsem Singh, S/o Harbhajan Singh Barar, aged about 30 years, R/o Village Bhekha, Police Station Bagapurana, District Monga (Punjab) At present r/o village Gujra, Tahsil and District Dhamtari (CG) Lekh Ram Sahu, S/o Gulhed Ram Sahu, aged about not known, r/o village Gujra, Post Doma, Tahsil and District Dhamtari (CG) The Oriental Insurance Company Limited, near Adarsh Bal Vidya Mandir, Dhamtari, Tahsil and District Dhamtari (CG) IVIisceilaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri UPS Sahu, counsel for the appellant. Shri Janak Hidko, counsel for respondent No.2. Shri AK Athaley, counsel for respondent No.3. ORDER (7th December, 2011) M.A.C.No.39of2011 The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Ginendra Kumar Sahu is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 22.10.2010, passed in Claim.Case No.94/2009. 2) As against the comp^nsation of Rs.9,00,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 18.05.2009, the Tribunal awarded a total sum of Rs.1,27,400/- as compensation 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 Harvestor-Tractor bearing registration No.CG-05/G-1357 liable to paythe compensation to the claimant. 4) As the insurer of the above offending vehicle Harvestor-Tractor has not filed any appeal against the impugned award challenging the above finding recdrded 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.1,07,400/- towards medical expenses; Rs.10,000/- for ^' /".^ec': ^ ^^'J? ^.x:y M.A.C.No.39of2011 pain and suffering; Rs.5,000/- for loss of income during the period of treatment; and Rs.5,000/- for loss in the future earning capacity on account of the injuries sustained by the claimant in the motor accident. The Tribunal, thus, awarded a total sum of Rs.1,27,400/- 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.1,27,400/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri UPS Sahu, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards conveyance, attendant and special diet; and in awarding low compensation of Rs.1,27,400/- only. 7) Shri AK Athaley, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Harvestor-Tractor on the other hand supported the award and contended that the compensation of Rs.1,27,400/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Janak Hidco, learned counsel for respondent No.2, Lekh Ram Sahu, the owner of the offending vehicle Harvestor-Tractor also suppori:ed the award. 9) Claimant Ginedra Kumar Sahu was aged about 26 years on the date of the accident. He was an agriculturist, having agricultural land in the village. The claimant sustained multiple serious injuries including fractures of his Tibia and Fibula bones in r^ ?•*,..„.- ? "aggS.. "• ''<h- ''^ss^.^. ^ .-•-' ,.-'..»' I.A.C.No.39of2011 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, on account of the fractures of his left Tibia and Fibula bones, could not have performed his dutiesas agriculturist for a period of 4-6 months resulting in monetary loss to him, as during that period, he must have engaged agricultural labour to undertake the agricultural operations in the fields. 10) The Tribunal has ceri:ainly erred in not awarding any sum towards the conventional heads of special diet, attendant and conveyance. 11) The compensation of Rs. 1,27,4007- 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. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,27,400/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,27,400/- awarded by the Tribunal. fW-'--."^ \- I.A.C. No.39 of 2011 14) Respondent No.3 the Oriental Insurance Company is granted three months' time for depositing the total sum of Rs.21,000/- (Rupees twenty-one thousand only) before the concerning Claims Tribunal. ••?' 15) No order as to costs. Sd/- Chief Justice Sd/- N.K. Agarwal Judge