HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH ,?^ L CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Claimant Respondents Non-applicants Misc. Appeal (C) No. 546 of 2009 Matabhikh Anokhe, s/o Malai Prasad, aged about 62 years, r/o Paneka Mod, Dongargaon Road, near Gokul Nagar, Rajnandgaon C.G. VERSUS 1 Pusauram Sahu, s/o Dhanushram Sahu, aged about 65 years, r/o Netan Chowk, Sahupara, Bhilai-3, district Durg C.G. 2 The Manager, United India Insurance Company Limited, Tara Complex, G.E. Road, Bhilai, district Durg C.G., Branch Kamthiline, Rajnandgaon. 3 Kartik Ram Kunjam, s/o Sonau Ram Kunjan, r/o Village Kektitola, PL.S. & Tahsil Chowki, district Rajnandgaon C.G. Appeal underSection 173 ofthe MotorVehicIe Act, 1988 Present: Shri Arvind Dubey, counsel for the appellant. Shri Dashrath Gupta, counsel for respondent No.2. ORDER (06th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. AppellanVclaimant Matabhikh Anokhe is seeking enhancement of the compensation awarded by the Additional •y ^- --•.^ v^'^sh y ^y ^ Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide awartf dated 19.02.2008, passed in Claim Case No.76/2007. 2) As against the compensation of Rs.3,72,400/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 09.09.2005, the Tribunal awarded a total sum of Rs.24,800/- 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 that claimant Matabhikh Anokhe sustained multiple serious injuries in the motor accident on 09.09.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.07 ZD/9387; as the above offending vehicle Jeep, on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribun^l 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 -j^ treatment awarded Rs.14,800/- towards medical expenses and Rs.10,000/- for attendant, special diet, pain and suffering. The Tribunal, thus, awarded a total sum of Rs.24,800/- 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.24,8007- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Arvind Dubey, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.24,800/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.2 United India Insuranpe Company Limited, insurer of the offending vehicle Jeep, on the other hand, contended that the compensation of Rs.24,800/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Matabhikh Anokhe was aged about 62 years on the date of the accident. He retired from Railway services as Station Superintendent. The claimant claimed that after his retirement he was working as part-time Accountant with private firms earning Rs.6,000/- per month. The evidence of AW2 Dr. Sanjay Bakshi is sufficient to establish that the claimant sustained fracture o^-his right shoulder in the accident. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. The claimant must have suffered physically and mentally on account 6f the fracture of his right shoulder for a period of 4-6 months. 9) The compensation of Rs.24,800/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case,in our opinion, is 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 amountof compensation would make the compensation of Rs.24,800/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, 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 jnterest component on the enhanced amount of compensation in addition to the sum of Rs.24,800/- awarded by the Tribunal. 12) Respondent No.2 United India 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. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma