^'..•.XK.^. HIGH COURT OF CHHATTISGARH ATBILASPUR ^iViSiOhTBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (C) No.620 of 2009 Appellant Claimant Shankar Ram S/o Shriram Prasad, aged about 35 yeare, Caste Rajwar Occupation Khalasi, R/o Baknakhurd PS Dhourpur, Tah Rajpur Disbict Sarguja VERSUS Respondents Owner Driver Insurer Mohd l^imrujma, S/o Mohd Tbark Hussain, aged about 70 years, Caste Musalman, Occupation Bus Owner Rlo Mominpura (Parradand) Street, Ambikpur District - Sarguja (CG) Aditya Thakur S/o Late Mahabir Thakur Aged about 42 years, Occupation - Driver R/o Chandni Chowk, Mayapur Nagar, Street (In house of l^mrin Sao) District Sarguja (CG) New tndia Insurance Company Ltd., through Manager, New India Insurance Company Limited, Korba District Korba CG Mlscellaneous Appeal under Sectton 173 of Motor Vehicles Act Present : Shri GS Patel, counsel forthe appellant. Shri Shivendu Pandya, counsel for respondent No.3. ORDER rth (07m July, 2011) '^'Sis»"'~^ -^A,'''^:' L'^-S '.^i ff s ' % ..•^•!*^'>i ^ 1\-....3^^ xfSS"'' 2 ^ The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Shankar Ram is seeking enhancement of the compensation awarded by the First Addltional Motor Accldent Claims Tribunal, Ambikapur, Sarguja (Tor short 'the Tribunal') vide award dated 12.12.2008, passed in Clalm Case No.2^2006. 2) As against the compensatlon of Rs.11,25,(XX)/-, claimed by the appellanVclaimant, by filing a claim petition under Sastion 166 of the Mrtor Vehicles Act, for the injuries sustained by him in the motor accident on 18.02.2006, the Tribunal awarded a total sum of Rs.21,792/- as compensation along with interest @ 9% per annum from the date of fillng of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence laj before it held the New India tnsurance Company Umited, the insurer of the offending vehicle Minibus bearing registration No.CG-15 ZB/0375 liable to pay compensation to the claimant. The Tribunal considering the number and nature of the injuries proved to have been sustained by the clalmant in the motor accident; and the amount provedto have been spent on treatment, awarded Rs.15,000/- towards paln and suffering; Rs.3,592/- towards medical expenses; Rs.2,000/- towards conveyance; Rs.400/- for attendant; and Rs.800/- for special diet. The Tribunal, thus, awarded a total sum of Rs.21,792/- 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 .5'i amount of compensation of Rs.21 ,792/- @ 9% per annum from the date of flllng of the claim petition till the date of actual payment. 4) Shri GS Patel, leamed counsel for the appellant submitted that the Tribunal has erred in awarding tow compensaUon of Rs.21,792/-only. 5) Shri Shivendu Pandya, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Minlbus on the other hand contend«Jthat as the claimant could not establlsh that the injuries sustained by him in the motor accident resulted in any permanent disability, the compensation of Rs.21,792/- awardal by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Claimant Shankar Ram was aged about 35 years on the date of the accident. He was a Khalasi by occupation. The bills and vouchers produced by the claimant before the Tribunal in r^ard to the medical expenses were to the extent of Rs.3,592/- and the Tribunal has awarded the entire amount of Rs.3,592/- towards medical expenses. The claimant, being a Khalasl, on account of the Injuries sustained by him in the motor accident could not have performed his duties as Khalasi for a period of 3-4 months resulting in monitory loss to him. It is true, that the claimant could not establish that the Injuries sustained by him in the motor accident resutted in any permanent disability, as the Doctor who had issued disability certific^te was not produced before the Tribunal. .'[.• '- ! x ^? padma 7) The compensation of Rs.21,792/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of intere^ component on the enhanced amount of compensation would make the compensation of Rs.21,792/- awarded by the Tribunal as just and proper compensation in the facts and eircumstances of the presentcase. 9) For the foregoing reasons, the appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component in addition to the sum of Rs.21,792/- awarded by the Tribunal. i 10) Respondent No.3 the New Indla tnsurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the conceming Ctaims Tribunal. 11) No order as to costs. —- _ Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge