HIGH COURT OF CHHATTISGARH AT B!LASPUR DiVlS!0N BENCH CCRAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. Misceiianeous Appeai No. 328 of 200 APPELLANT Mohammad Kurban, aged 32 years, S/o CLAIMANT E. Mohammad, resident of Rajataiab, Nurani Chowk, Raipur, Tah. & Distt. Raipur (C.G.) Versus RESPONDENTS 1. Ashok Kumar Sahu, S/o Harikishan NON-APPLICANTS Sahu, resident of Devendra Nagar, Raipur, Tah. & Distt. Raipur (C.G.) 2A The National insurance Co. Ltd. Through : Divisionak ManagerhDivisional Office, Mobin Mahal, G.E. Road, Raipur (C.G.) Certificate of Policy No./Cover Note No.10399. Limitation from W4 -2GG2 to 1 6-1 2003 Aepea! Under Section 173 of the Motor Vehicles Act, 1988 Present: Shri A.S. iqbai, learned counsel‘for the appellant. ORDER (18m November, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. ShriA.S. lqbal‘, learned counsel for the appellant is heard on admission. 2. Appellant Mohammad Kurban is seeking enhancement of the compensation awarded by the First Additional Motor Accident ' Claims Tribunal, Raipur (for short “the Tribunal") vlde award dated 09—01-2004, passed in Claim Case No. 14/2003. . s v N to 3. As against the compensation of Rs.1 1 ,70,000/- ciaimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the iniuries sustained by him in the motor accident on 04-09-2002, the Tribunai awarded a totai sum of Rs.8,100f— as compensation aiong with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4. Shri AS. Iqbal, learned counsel for the appellant vehemently argued that the compensation of Rs.8,100/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries sustained by the appellant/claimant in the motor accident. 5. For the reasons best known to the appellant/claimant no doctor was examined before the Tribunal to establish the nature of the injuries sustained by the appellant/claimant in the motor accident and the fact that those injuries resulted in any permanent disability. 6. In this state of evidence, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 7. The appeal filed by the appellant/claimant for enhancement of the compensation awarded by the Tribunal, therefore, is liable to be dismissed and is hereby dismissed summalrily. ‘ __/-J_—,—-AV ~* "V or r\\ / s x a / i Sdl- l nimmi I Sdl- . j ‘/ f f‘ SunilKumar Sinha / " Chief Justice V 7‘ l Judge n