x HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON BLE SHRI RAJEEV GUPTA C J ‘ ON BLE SHRI N K AGARWAL J Misc. AQQeaI No. 1044 of 2005. Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri AL Singraul, counsel for the appellant. /\ Shri AK Athaley, counsel for respondent No.2. ORDER (22“ September, 2011) The following order of the Court was passed by Rajeey Gupta, C.J’. Appellant/ClaimantAbdulKayyum is seeking enhancement of the compensation awarded by the 14‘“ Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 30.06.2005, passed in Claim Case No.15/2005. I H Appellant Applicant Abdul Kayyum aged 26 years s/o Abdul Sallm r/o Manlkchaurl PS Ij ‘ Abhanpur TehsH & Dlstt Ralpur (C G ) VERSUS Respondents Non-applicants 1 Ram Swarup Sharma s/o Late RN Sharma Marutl Van owner R/o .I I Kukera PO Manohara PS Dhars1wa Tehsn & Dlstt Ralpur (CG) ‘ .g 2 The Oriental Insurance Co Ltd By, DIVIsIonal Manager DIVISIonaI Office#M Kutchery Chowk Jall Road Rarpur 2 M.A. No. 1044 of 2005 2) As against the compensation of Rs.10,00,000/—, claimed by the appellant/claimant, by tiling a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 23.08.2003, the Tribunal awarded a total sum of Rs.35,000/— 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 the Oriental Insurance Company Limited, the insurer of the offending vehicle Maruti Van bearing registration No. CG 04/ZD/4328 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Maruti Van has not filed any appeal challenging the above unding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal 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 treatment, awarded Rs.30,000/— towards permanent disability and medical expenses; Rs.2,000/- for pain and suffering; and Rs.3,000/— for special diet. The Tribunal, thus, awarded a total sum of Rs.35,000/— as compensation to the claimant. for the.injur:re’‘s‘ sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.35,000/— @ 6% per annum from the date of tiling of the claim petition till the date of actual payment. 3 M.A. No. 1044 of 2005 6) Shri A.L. Singraul, 'Iearned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; attendant; and conveyance; and in awarding low compensation of Rs.35,000/— only. 7) Shri A.K. Athaley, learned counsel for respondent No.2 the Oriental insurance Company Limited, the insurer of the offending vehicle Maruti Van on the other hand supported the awarded and contended that the compensation of Rs.35,000l- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Abdul Kayyum was aged about 26 years on the date of the accident. He was running a Kirana Shop in the district of Raipur. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. lt is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures sustained by him in the motor accident could not have attended his Kirana Shop for a period of about 2 months resulting in monetary loss. 9) The Tribunal certainly has erred in not awarding any sum towards loss of income’ during the period of treatment; attendant; and conveyance; and in awarding low sum of Rs.2,000/— towards pain and suffering. 10) The compensation of Rs.35,000/— awarded by the Tribunal, when examined in the context of the above mentioned broad M.A. No. 1044 of 2005 —‘_ w”Me, ‘ ‘ “Aw - features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced suitably. 11) Considering ail 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 amount of compensation would make the compensation of Rs.35,000/— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. Y 12) 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.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.35,000/- awarded by the Tribunal. 13) Respondent No.2 the Oriental insurance Company Limited ’is granted three months’ time for depositing the total sum of Rs.15,000/— before the concerning Claims Tribunal. 14) No order as to costs. \ gig/e Sd/- l stu- , ChierfaJustice " " r..- ’ M.K.Agarwal Judge subbu i I