^ HIGH COURT OF CHHATTSSGARH AT BILASPUR DIVISION BENCH w SHRJ RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SiNHA, J. Mlsc. AppeaS (0 No. 721 of 2008 Bhaan Singh, aged about 25 years, son of Shri Kehar Singh Gond, Permanent resident of Village Pataiti, Distt. Anuppur, presentiy resident of Viilage - IVIatiyari, Tahsil and Distt. Biiaspur (C.G.) / Versus 1. Kashi Singh son of Mogha Singh, aged about 22 years, R/o Khaati, Poiice Statlon Rajendragram, Tahsii Pushprajgarh, Dist. Anuppur (M.P.) {Driver ofJeep No. MP 18A/3904) 2. Ashok Kumar Pandey, son of Shri Ganga Pandey, R/o Vil! Khaati, P.S. Rajendragram, Tahsii Pushprajgarh, Distt. Anuppur (M.P.) (Qwner ofthe Jeep No.18-A/3904l 3. The Divlsiona! Manager, Orientai Insurance Company Limited, in front of High Court of Chhattisgarh, Biiaspur (C.G.) {jnsurer of the Jeep.No. MP 18- A/3904) 4. Rammu Singh Gond, son of Tanagu Singh Gond, R/o Viii. Khaati, Police Statlon Rajendragram, Tahsil Pushprajgarh, Distt. Anuppur (M.P.) MIsceilaneoys.Ap^eaLUnder Section 173ofthe MotorVehscSes Act. 1988 Present; Ms. Deepaii Ghosh, iearned counse! for the appellant. .^^•^ ORDER (25th Jyne, 2008) The following order of the Court was passed by .Rajeev:Gupta,CJ. Ms. Deepa!! Ghosh, learned counsel for the appellant is heard on !.A. No.01/2008, an apptication for condonation of deiay in filing theappeal. 2. On due consideration, I.A. No. 01/2008 is allowed and the delay in filing the appeaf is hereby condoned. 3. Ms. Deepali Ghosh, learned counsel for the appellant is heard on admission. 4. CIalmant - Bhaan Singh is seeking enhancement of the cornpensation awgrded by the Ninth Additionai Motor Accident Clalms Tribuna!, F.T.C., Bliaspur (for short 'the Tribunal') vide award dated 31-07-2007, passed in IVlotor Claim Case No.141/2005. 5. As agalnst the compensation of Rs.12,72,300/- claimed by the claimant - Bhaan Slngh for the injuries sustained by him in the motor accident on 05-12-2004, the Tribunal awarded a total sum of Rs.4,29,920/- with interest @ 6% per annum from the date of flling of the claim petitlon tiil the date of the actual payment. 6. Ms. Deepali Ghosh, ieamed counsel for the appe!!ant vehemently argued that the compensation of Rs.4,29,920/- awarded by the Tribunal Is too low in comparison to the serious nature of injuries suffered by the claimant in the motor accident leading to permanent disability to the extent of 60%. 7. The ciaimant was earning his livelihood by working as Munshi with one Anli Agrawal. The clalmant pleaded that he used to earn Rs.2,700/- per month. The TribunaE accepted his evidence about his income and by assesslng hls income at Rs.2,700/- per month av^/arded a sum of Rs.3,49,920/- towards the permanent disabillty resulting in the loss of his futureearnlng capacity to the extent of 60%. The Tribunai whiie assessing the above amount of Rs.3,49,920/- app!ied the highest muitiplier of 18 prescribed in the Second Schedule under Sectlon 163(A) of the Motor Vehicles Act. The Tribunal further awardedRs.35,000/- towards medicai expenses; Rs.5,000/- for specsai diet; Rs.5,000/- for attendant; Rs.5,000/- for conveyance; Rs.15,000/- for loss of expectancy of life; and Rs.15,000/- for pain and suffering. The Trlbunal, thus,awarded a tota! sum of Rs.4,29,920/- as compensation to claimant - Bhaan Singh for the injuriss sustained by him in the motor accident. The Tribunal also awarded interest on the above amount of compensation of Rs.4,29,920/- @ 6% per annum from the date of ftling of the daim petltlon til! thedate ofthe actual payment. 8. On due conslderatEon of the submissions of Searned counse! for the appeilant; the reasonings given by ths Tribunai in the impugned award, we are satlsfied that the compensation of Rs.4,29,920/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement of the compensatlon in this appeal. We are satisfled that the Tribunai has awarded just compensation under aii the permissible hsads. s^^^ 9. For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunai. The appeal flied by appeilant - Bhaan Slngh for enhancement of the compensation, therefore, is iiable to be dismissed and .is hereby dismissed sutnmarily. ;- Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu