^. IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal fC) No.^T DNIsion Bene^ /2007 ADpellant ^(pplicant Respondents ^Non-Applicants^ -^"Shiv Prasad Kashyap, aged 36 years S/o Matru Ram, R/o Village Paijaniya, Tahsil Lormi, Distt. : Bilaspur (C.G.) Versus >' ^- ^t. Devi Prasad Tiwari, aged 48 years, S/o Bhanu Prasad Tiwari R/o Pandariya, P.S. Pandariya, Distt. : Kabirdham (C.G.) 2^ Santosh KumarYadav, aged 37 years, S/o Anjori Ram, R/o Village Belgahna, Indira Aawas, P.S. Kota, O.P. Belgahna, Distt. Bilaspur (C.G.) The New India Insurance Co.Ltd., through Branch Manager, Branch Office - Rajendra Nagar Chowk (Presently at Near Bus Stand) Bilaspur(C.G.) |. Shiv Kumar Sarraf, Link Road, Bilaspur C/o Shekh Ayyub, aged 42 years, S/o Shekh Mahnuk, R/o Rajiv Gandhi Chowk, Jarhabhata, Bilaspur (C.G.) 5. United India Insurance Co. Ltd. through Branch Manager, Branch Office Rajendra Nagar Chowk, Bilaspur (C.G.) z Miscellaneous Appeal Under Section 173 of the Motor Vehicle Act 1988 COURT OF CKHATTtSeARH: BSLASPUR Djvlsjon Bench Coram : Hon'bte Shri H.L, Dattu, CJ & Hon'bie Shri V.K. Shrivastava, J n,s!SC. APPEAL (Ci N0.47/2QQ7 APPELLANT: RESPONDENTS: versys Shiv Prasad Kashyap Devj Prasad Tiv^ri and others. Present: Shri Ravindra Agrawa!, counse! for the appe!iant. None for respondents. QRAL QRDER (Pass^u oi81S February, 2007) The foiiowing ors! crder cfths Court wss psssed by Vljsiy Kumsgf Shrivastsvs, J This is s.n sppes.i under Sedicn 173 of the Motor Vehides Act, 1988 (henceforth, "the Ad, 1988") for enhsncement cf the compensation arTtount preferred by cisimsnt sgainst the swsrd dated 22/08/2006 psssed by !gt Additions! Motor Accident Cisims Tribunsi, Biisspur (henceforth, ('the Tribunsi") in Ciaim Cass No. 53/2005 whsreby he has been awarded a sum of Rs.72,QOQ/-. 2) Ths fsctuai matrix of the csse, in brief, is that on 2B/Q4/2QQ4 at about 2.QQ p,m. vv/hen sppeiiant -Shiv Prsssd wss going to his viitags Paijaniys frcm Biiaspur on Tsnksr bsaring No. CG 10/ZBn109 (for short "fanker"), near vi!!age Bincuri, when driver Harnsrsyan saw s psssenger bus bsaring Nc.CGtO ZA 0552 coming from the opposite direction, turned the tenker tc its ieft side, ieft front whee! of the tsnker struck tc cu!vsrt?s waii, thereafter cciiided with the passenger bus and turned turtie. Tsnker driver Hsrnsrsysn snd helper Sursj sustsined jnjunes snd'succumbed tc those on the spot. Appeiisnt aiso sustsined injuries. He fiied sn sppiics.tion under Secticn 165 of the Act, 1988 for grant of l^ Raju ccmpensstion sgsinst driver, cwner, insurer of the pssssnger bus ss weli sgainst the cwner, insurer of the tenker, The ciaim wss oppossd by ths respondsnts. 3) Learned Tribunai considered the evidence adduced by the parties, snd swsrded compensation vide impugned sw^rd as beiow: 5) Psins snd suffsring b) Specis! diet trsnspcrtstion snd attendsnt c) Medicsl expenses Lcss cf income Rs. 30,000/- Rs. 12,000/- ci) Rs. 25,OQO/- Rs. 5,QQO/- Rs. 72,000/- Lesrned ccunse! for the sppe!!snt contended that compensstion swsrded to the c!aimsnt is insufficient. Totai 4) ^\ Dr.QL Arora (PA//3) in his statement deposed that pn 18.01.2005 he exsmined the cteimsnt snd issued dissbiiity csrlificste Annexure P/9. Frcm his evidencs and Annexurs P/Q it is proved thst ciaimsnt sustehed miid dissbiiity cf 10%. He was admitted in hospitsi from 03.05.2004 to 08.05.2004. C'aimant Shiv Prsssd (PA//1) in his ststement has sdmitted that st the time of accident he wss not in ser/jce. He ststed thst he hss 3.5 scres of s.gricuitursi iand but did nct ssy icss cf inccme suffered by him due to his injuriss tewards sgricuiture. it is not cut 6f place to menticn that nc dccument to support thst he was owner cf sgriculture iand h88 been tendered by him, !n view of the evidence on record ws csn ssy thst mercy piayed a vits! roie in the instsnt csse whjch constrsined the Tribunai to grsnt such s ccnnpensation for miid disabiiity of 10% suffered by the ciaimant that too cn s sjngie iimb. (6) We do not find any iitegaiity cr pen/ersity in the findings recordsd by the Tribunsi. Acccrdingiy, the sppes! being devcid of substsnce desepv'ss to be c'ismiss^j and is sccordingiy dismissed in iimine. No coste._ Sd/- Chief Justice Sd/- V.K. Shrivastava Judge ^--: