HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc. Appeal (0 No. 1156 of 2010 Ishwer Lal, s/o Late Shri Tulsiram Sahu, aged about 40 years, r/o village - Bathena Para Dhamtari, Thana & Tahsil - Distt Dhamtari (CG) Versus 1 Alok, s/o Chandrika Sahu, aged about 25 years, r/o in front of Alpana Talkies Sadart Road, Nawapara, Rajim, Police Station - Gobra, Distt Raipur (CG) 2 Roshan, s/o Chandrika Sahu, aged about 32 years, r/o in front of Alpana Talkies Sadart Road, Nawapara, Rajim, Police Station - Gobra, Distt Raipur (CG) 3 Divisional Manager, the New India Insurance Company Limited, Mobin Mahal Jail Road, Raipur, Tahsil and Distt Raipur (CG) Miscellaneous Appeal under Section 173 of - Motor Vehicles Act Present : Shri Sunil Sahu, counsel for the appellant. Shri HP Agrawal, counsel for respondent No.3. ORDER •th (14InDecember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. M.A.C.NO. 1156 of 2010 -2-2. Appelant/claimant Ishwer Lal is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 28.08.2010, passed in Claim Case No.40/2010. 2) As against the compensation of Rs.19,50,000/-, claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 01.02.2008, the Tribunal awarded a total sum ofRs.2,35,043/- 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 New India Insurance Company Limited, the insurer of the offending vehicle Fiat Car bearing registration NO.CG-04/H-6997 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Fiat Car has not filed any appeal against the impugned award 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.1,21,500/- towards loss in the future earning capacity on account of permanent disability; Rs.1,03,543/- towards medical expenses; Rs.5,000/- for pain and suffering; and Rs.5,000/- for special diet. The Tribunal, thus, awarded a total sum of ^^ ^.^"^ "'s:^^^^<' M.A.C.No. 1156 of 2010 ^- Rs.2,35.043/- 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.2,35,043/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sunil Sahu, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; attendant; conveyance; and in awarding low compensation of Rs.2,35,043/- only. 7) Shri HP Agrawal, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer ofthe offending vehicle Fiat Car on the other hand supported the award and contended that the compensation of Rs.2,35,043/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Ishwer Lal was aged about 40 years on the date of the accident. He was working as Operator - Driver in a Rice Mill. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. It is a mater of common knowledge that substantial 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 attended his duties for a period of two months resulting in monetary loss to him. '''^'y^ I "Bl M.A.C.No. 1156 of 2010 2^ 9) The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment; attendant and conveyance. 10) In our considered opinion, further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,35,043/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellanVclaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,35,043/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company is granted three months' time for depositing the total sum of Rs.20,000/- (Rupees twenty thousand only) before the concerning Claims Tribunal. 13) No order as to costs. ——— — Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma r