*, >,6- ^o- HIGH COURT OF CHHATTISGAFW AT BILASPUR MA(C)No. 267 of 2010 Applicant : Brijesh Kumar Str^h, aged 30 years, Claimant Son of Shiv Prasad Sfngh, R/o HIrapur, Post Tatibandh, PS Amanaka, Raipur Versus 1. Shams Jaied Khan son of S.l. Khan, Wo Vishal Transport, HathkhoJ, Hiilai, DistricA Durg (CG). 2. The Naw Indla Insurance Company Limited, through : The Divisional Manager, Division Office No. 2, Jeevan Beema Road, Pandrl, Raipur (CG). 3. Mohd. Ibrar son of Tajmul, Truok Driver, R/o Vishal Transport Hathkhoj, Bhilal, District Durg (CG). Mlsc. Appeal under Sartion 173 ofthe Metor Vehicle Act (SB: Hon'bte Mr. N.K. Aaarwal. J.l Respondents Non-clalmants Present ; Shri SC Verma with Shri Aditya Khare, Advocates for the applicant. 1. 2. ORALORDER (Passed on 15°'day of March,2018) Heard on IA No. 1, application ter corKlonation ofd^ay. On due consideration, t am satisfted that the counsel for appellant is succeeded in explaining the delay caused in Tiling the appeal. Accordlngly IA No. 1 1s allowed and delay Is aecordingly condoned. Heard on admission. Feeling aggrieved and dissatisfled with the award dated 14.09.2009, passed by the 10th Addittonal Motor Accident Clalms Tribunal, Raipur (for short 'Tribunal') in claim case No. 15/08, the instant appeal has been preferred. The brief facts of the case are that, on 30.04.2007, while the appellant was working and sitting as a Khalasi in Truck bearing 4i r [.' 8. ^2j registration No. CG-07/C/3891, whtoh was coming from Bhivandi to Nasik, met with an accldent with some unfenown Truck coming from the opposlte side, as a result of whieh, the appellantsustained grievous injuries, his rlght leg was amputed and was remained in hospital up to 18.05.2007. The appellant preferred an application before the Tribunal under Section 163-A of ttie Motor Vehicl^ Act, against the respondents claiming coropensation to the hine of Rs. 18,00,000/- for the injuries susteined by him on aasount of the said accident. The Tribunal, on a close scrutiny of Vhe evldence led by the parties, the material aTOilable on the reeord, and submfesions of the parties, awarded total sum of Rs. 3,37,011/-along with interest @6 percentperannum from the date oTapplicatlon, as compensation in favour ofthe appellant. Shri SC. Verma, leamed counsel for ttie appellant woutd submit that awardis shockingly on lowerside, which deserves to be suitably enhanced. 1 have heard the counsel appearing for the appellant, perused the record and order impugnal. The Trlbunal, on appreciation of evidence, assessed the incpme of the appellant at Rs. 3200/- per month which Is in tect more than pleaded in the claim petltion. The Tribunal has rightly assessed the loss of eaming capaclty of the appellant to the extent of70 percent based on medical certificate, looking to the age of the appellant as between 30 to 35 years, rghtly applied multiplier of 17 and thus rightly awarded Rs. 3,04,640/- ^ Y^J Sahu as compensation on account of toss of income, further awarded Rs. 9571/-towards medical expenses, Rs. 5000/- towards special diet and transportation, Rs. 5000/- towards pain and sufferance and loss of income for four months as Rs. 12,800/- and thus, awarded total sum of Rs. 3,37,011/- along with interest @ 6 percent per annum from the date of application. 10. In vlew of above, the Tribunal has awarded adequate compensatlon whteh is awardabte under Section 163-A of MV Act l.e. as per Sasond Schedule. 11. In view of above, l do not find and illegality or irregularity in the award warrantlng interference of this court. The appeal, being devoid of substance is liable to be and ts hereby dismlssed at admlssion stage. _———„., N.K. Agarwal Judge !i>.