HI^I COURT OF JUDICATURE CHHATTISeARH DIVISION BENCH BILASPUR CORAM: HOhTBLE SHRI H.L. DATTU. CJ & HON'BLE SHRI V.K. SHRIVASTAVA, J. AAISC. APPEAL (O N0. 321 of 2007 APPB1ANT RESPONDBMTS Smt Sarojanj Dubey W/o Shri Ramesh Dubey, Caste ~ Bramhan, Ag® about 50 yews R/o Viiia9® ©Gniyari, Thona Koto, Tch Takhafpur Distt- Biiaspur Versus 1) •- \ 6urumukh Singh S/o Ajit Singh AQQ about 28 years R/o Tekanama, Nari Road C-62 Nari, Tcrfi & Distt ~ Nagpur/ Occupation Vehcle Driver (Vehicie Drivsr of No. CO 04 G / 6572) 2) Baldev Sir^h Kalyan S/o Ajit Singh Kalyan, R/o ©E Road, Tatibandh, Raipur T<*i <& bjstt - Raipur C6 Permwent oddress - MP ^uijrat Road Lines. 48 ©ar^obai©hatRoad, Near Telephone Exchtfftge, Nogpur (Mdiarashtra) (Vehicie Owner, Vehicl®No.C6 04 6/6572) 3) Nationol Insuronce Company Limjted, Branch Office, Pal Complex Anjani Chowk Nagpur (MoharoKshtra) PIN Code - 440015, Telephone No.237166 - 237167 Nagpur (McharGshtra). Throtgh Bronch ManQ9^^ ^^S^^.b!^^»^^»^,. 4) Shiv KumQr Surywcnshi S/o ©endram Surywond^i Age about 22 years R/o BhedimudQ, Ratanpur, Thana Kota, bistt ~ Bilaspur C6 Occupation - briving, Vehick Driver, Vehicie No.Cei2Z&/0593 5) Rqjesh Dubey S/o Dhonendra, R/o Scrkanda Bilaspur CG (VehicJe Ownsr No- CG 12 Z& / 0593) 6) The New India Insirance Company Limited, Brcunch Office Biiospur, Rcyendra Nagar Chowk, Link Road, BiiaspurC^, Bronch MQnc^er v-; Present : Shri Suresh Pandey, counsel for the oppciiant. None for the respondents. ORAL ORDEft (Passed on 16th March, 2007) "Hie foilowing oral order of the Court was passed by Vijay Kumar Shnvastavfii. J. This is an cppeai fsled by injured ciaimoint under Section 173 of the Motor Vehicte Act 1988 (henceforTh "the Act") for enhoncement of compensation, against -Hie award dated 2-12-2006, passed by Sixth Additionai Motor Accident Claim Tribunal, Biiaspur (C6) (henceforth "the Tribunal") in claim case No.18/2006, whereby compensation of Rs.75,000/- has been awarded to ^ier. 2) Factual.matrix of -the case m brief is that, on 28.07.2005 at about 10.30 am appellant was traveling on jeep bearing registration No.C^-12 Z&/0593 she was going to Ratompur. On Ifie way, -rfie jeep was dashed by a truck bearing registration No,C^ - 04 6/6572 resultantly she received injunes. She filed an appJication for compensation against the driver, owner and insurer of the truck as well as jeep, under Section 166 of -Hie Act. 3) Learned Tribunai after appreciating the evidence adduced by the parties, awarded compensation as beiow: (a) (b) (c) (d) For treatment Rs.15,000/- For pain <& suffering Rs.10,000/- Por specia! diet, attendant <& transport Rs.10,000/- Other expenses fts.40.000/- Total Award Rs.75.000/- 4) Hearcl iearned counsei for the appellants. Learned counsei contended -rtiat flppedcsit sustained 30% disability but -riie TrsbunaJ did not appreciate the matter properly and albwed compensation on Sower slde. 5) We have gone through 1fie award passed by the Tribunal. It is evident that before the Tnbunal qspellant dicl not examine any medical officer to prove any injury sustdned by her; or to prove disabiJi-ly. In support of her income no legal substontial evidence was ^idduced. Though income, injuries and even dis- ability were not^proveci, yet tiie Tribunal considered the matter 4 sympatheticaily oind on various heads as above altowed compensation to her. 6) We are of 1+ie considered view that finding of facts recorded by the Tribunai does not appear to be iitega! or perverse, which moy cali for interference by -riiis Court. Accordingly, the appeal is dismissed* -G- Sd/- Chief Justice Sd/- V.K. Shrivastava Judge '\