[gj ^. 11 -l.i-~~..^^-i- HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. IVIisc. Appeal (C) No. 629 of 2009. Appellant : Smt. Arti Jain, w/o Shri Manish Jain Claimant aged about 27 years, r/o village near Ambedkar Park, P.S. Bacheli, Distt. South Bastar, Dantewada, Chhattisgarh. VERSUS Non-appellants 1 Krishna Kumar Sahu (Driver) s/o Shri A.R. Sahu, aged about 32 years, r/o Bank Colony, Q. No. B-17, Bacheli, Thana Bacheli, distt. South Bastar (Dantewada), C.G. 2 Smt. Dayabai Beli, (vehicle owner) w/o Shri N.S. Bele, aged about not known to appellant, r/o Q. No.192/D, S Type-03, Bacheli, Thana Bacheli, distt. South Bastar (Dantewada), C.G. 3 Branch Manager, The Oriental Insurance company Ltd., Main Road, Sadar Bazar, Jagdalpur, distt. Bastar, Chhattisgarh. Misc. ADDeal under Section173ofthe IVIotorVehicle Act. Present: Shri Pawan Shrivastava, counsel for the appellant. Shri A.K. Athaley, counsel for respondent No.3. ORDER (03rd August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. ^ M.A.C.No. 629 of 2009 Appellant/ claimant Smt. Arti Jain is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dantewada (for shori: 'the Tribunal') vide award dated 27.11.2008, passed in Claim Case No.82/2008. 2) As against the compensation of Rs.5,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 26.06.2007, the Tribunal awarded a total sum of Rs.76,200/- as compensation along with interest @ 7.5% 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 Tata Sumo bearing registration No.CG-18-D/0323, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Tata Sumo 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 spent on treatment, awarded Rs.61,200/- towards medical expenses; Rs.10,000/- towards future medical expenses; and Rs.5,000/- towards pain and suffering. The Tribunal, thus, awarded a total sum of Rs.76,200/- as compensation to the claimant for the injllries sustained by her in the motor accident. The Tribunal <3J MA.C.No. 629 of 2009 A further directed payment of interest on the above amount of compensation of Rs.76,200/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Pawan Shrivastava, learned counsel for the appellant submitted that The Tribunal has erred in not awarding any sum towards special diet; conveyance; and attendant; and in awarding low sum of Rs.5,000/- only towards pain and suffering; and in awarding low compensation of Rs.76,200/- only.. 7) Shri A.K. Athaley, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Tata Sumo, on the other hand, supported the award and contended that the compensation of Rs.76,200/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Smt. Arti Jain was aged about 27 years on the date of the accident. She was a house-hold lady. The claimant sustained fractures in the motor accident is established from the evidence of AW-2 Dr. P.K. Sahu. It is a matter of common krrowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being resident of Bacheli, must. have spent substantial amount on conveyance for her treatment at Raipur. The Tribunal certainly has erred in not awarding any sum towards conveyance; special diet and attendant. 9) The compensation of Rs.76,200/- awarded by the Tribunal when examined in the context of the above mentioned broad M.A.C. No. 629 of 2009 features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.76,200/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.76,200/-awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. ___— ^natbChandr^ Sd/- ChiefJustiee Judge subbu