•n«''B;"!!?'!i"inna- ":: i'?!1;X I ^i.lB.'-^S S fr' "'yy. ifffi^ IV^ ws. sW^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRISUNIL KUMAR SINHA, J. Appellant Claimant Respondents Non-claimants Misc. Apjieal No. 841 of 2005 Sheikh Hakim s/o Shri Sheikh Nakchhed, aged about 28 years, r/o Barela, Tahsil Mungeli, district BilaspurC.G. VERSUS 1. Anish Ahmed Quraishi s/o not known, aged about 40 years, R/o near Main Hospital, Bilaspur C.G. (Owner of vehicle, Mahindra Jeep bearing registration No. M.P. 26F/1558) 2. The United India Insurance Company Limited, BilaspurC.G. 3. Rajendra Sharma & Ramgopal Sharma R/o Near Bus Stand Takhatpur, district Bilaspur C.G. IVIEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri Malay Kumar Bhaduri, counsel for the appellant. None for respondents No. 1 and 3. Shri Pankaj Agrawal, counsel for respondent No.2. ORDER •th (25mMarch,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Sheikh Hakim is seeking enhancement of the compensation awarded by the Ninth Additional Motor Accident K' ^f£si.^\ ••II •WP Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 07.04.2005, passed in Claim Case No.89/2004. 2) As against the compensation of Rs.7,25,000/- claimed by appellant/ claimant Sheikh Hakim by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 03.11.2001, the Tribunal awarded a total sum of Rs.69,552/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) Shri Malay Kumar Bhaduri, learned counsel for the appellant vehemently argued that the Tribunal has erredin awarding low compensation of Rs.69,552/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability. 4) Shri Pankaj Agrawal, learned counsel for respondent No.2- the United India Insurance Company Limited, the insurer of the offending vehicle Jeep, on the other hand, supported the award and contended that the compensation of Rs.69,552/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 5) In a motor accident claim case, what is important is that, the compensation fo be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. B@TT!'! ^' 3ai»AafcfcE£i's •^i.u-^^-.g^.g.^'g 6) Now we shall examine as to whether the compensation of Rs.69,552/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Claimant Sheikh Hakim was aged about 28 years on the date of the accident. He was helper by occupation. He claimedthat he was getting salary of Rs.100/- per day and Rs.25/- as daily allowance. Though the doctor certified that the injuries and fractures sustained by the claimant in the motor accident resulted in permanent disability to the extent of 15%, the Tribunal found the permanent disability to the extent of 7-8% only. The bills and vouchers produced by the claimant before the Tribunal in regard to medical expenses were to the extent Rs.14,551.74 and the Tribunal has awarded Rs.14,551.74 towards medical expenses. 8) The compensation of Rs.69,552/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and the number and nature of the injuries proved to have been sustained by the claimant in the motor accident, we are satisfied, is just and proper compensation and does not call for any enhancement in this appeal. 9) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant/ claimant for enhancement of the compensation, is liable to be dismissed and is hereby dismissed. 10) No order as to costs. -—~—-—.^___ Sunil Kumar Sinha Judge Sd./- -' Chief Justice