HIGH COURT OF CHHATTISGARH, BILASPUR SINGLE BENCH: HON'BLE SHRI R. L. JHANWAR. J. Misc. Appeal (Ci No. 291/2008 APPELLANT Kamal Kumar Miglani Versus RESPONDENTS The Oriental Insurance Company and two others. ORDER POST ON ^J)<3SEFTEMBER, 2010 Sd/- R.L. Jhanwar Judge 50/09/2010 ^' ^' .^" :'v-^^s^^'' Cs& HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH: HON'BLE SHRI R.LJHANWAR.J, Misc. Appeal (0 No. 291 of 2008 APPELLANT Claimant RESPONDENTS Kamal Kumar Miglani, aged about 42 years, son of Shri Jagdish Rai Miglani, Occupation - business & agent, resident of Aazad Chowk, Itwari Ward, Jagdalpur, Distt. Bastar(CG) VERSUS 1. The Oriental Insurance Company, Main Road, SadarWard, Jagdalpur (Insurer of TruckNo.C.G. 17ZC/0645) 2. Bhuwan lal Sinha, aged about 42 years, son of Kanta Ram Sinha, through - Reekhabchand Jain, Near Sanjay Market, Front of Geeta Bhawan, Moti Talabpara, Jagdalpur, Distt. Bastar (C.G.) (Driver of Truck No. C.G. 17 ZC/0645) 3. Reekhabchand Jain, son of Jasraj Jain, aged about 29 years, resident of near Sanjay Market, In Front of Geeta Bhawan, Moti Talabpara, Jagdalpur, Distt. Bastar (C.G.) (Owner of Truck No. C.G. 17ZC/0645) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT,1988 Appearance: Shri Prakash Tiwari, counsel for the appellant. Shri SudhirAgrawal, counsel for respondent No.1. None for respondents No. 2 & 3. ORDER (Passedon ^o .09.2010) This is claimant's appeal seeking enhancement of compensation awarded by 2nd Motor Accidents Claims Tribunal, Bastar, place Jagdalpur (for short 'Claims Tribunal') in claim case No. 21/2005 vide order dated 27.1f.2D07. ^.^^_ 1 ^:;,W^h 1 z 2. As against the compensation of Rs.5,01,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 ofthe Motor Vehicles Act for the injuries sustained by him in the motor accident on 2.5.2003, the Tribunal awarded a total sum of Rs.1,78,500/- as compensation along with interest at 6% per annum from the date of filing of claim petition till the actual payment. 3. The Tribunal on close scrutiny of the evidence led before it, held that claimant Kamal Kumar Miglani sustained injuries in the motor accident on 2.5.2003; the accident occurred due to rash and negligent driving of driver of truck No.C.G.17 ZC 0645; as the above truck on the date of accident was insured with the Oriental Insurance Company Limited - Respondent No.1, the insurance company was liable to pay compensation to the claimant. As the respondents have not filed any appeal against the award, the above findings recorded by the Claims Tribunal have now attained finality. 4. 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 the treatment accepted the pleading of the claimant and awarded Rs.28,500/- towards expenses incurred during treatment, taking into consideration the fact that the claimant sustained 50% disability awarded Rs.75000/-, Rs.25000/- towards loss of income in business, Rs.250007- towards expenses incurred in future treatment and Rs.25000/- towards physical and mental agony. In this manner, the Tribunal awarded a total compensafion of Rs.1,78,500/- for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs. 1,78,5007- with 6% per annum from the date of filing of claim petition till actual payment. 5. Learned counsel for the appellant / claimant submitted that the Tribunal has erred in awarding low compensation of Rs.1,78,500/- only though the claimant could not run his business for a period of about 6 months and suffered monetary loss. 6. On the other hand, learned counsel for insurance company opposed the appeal and argued that the compensation awarded by the Tribunal is just and proper compensation, and therefore, need not be interferred with. 7. The appellant - Kamal Kumar was aged about 42 years on thedate of accident. He was doing business of selling parts of tractor as also agent of L.I.C. He is income tax payee and for that he produced income tax dearance certificate Ex.P.41 (C). In support of his pleadings and evidence, he has also produced disability certificate vide Ex.P.10 showing that hesuffered 50% permanent disability due to injuries sustained by him in the motor accident. The evidence of claimanVappellant is also corroborated by the evidence of Dr.Lakhan Thakur A.W.1, who has issued the above certificate. 8. Though it has not come in his evidence that he was admitted in hospital due to injuries sustained by him in the motor acciderit but certainly he would have suffered loss in business during the period when he was in hospital for treatment. Considering the injuries sustained by him in the motor accident, in particular, 50% permanent disability suffered by him in such motor accident, due to which he was unable to run his business for a period of about 6 rinohths "arid nbw^he is moving with fhe help of stick, the compensation of Rs.1,78,500/-awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in my opinion, is somewhat on the lower side and deserves to be enhanced. 9. Taking into consideration all the relevant factors including the nature of injuries sustained bythe claimant in the motor accident; the monetary loss the claimant suffered due to disability, 1 am ofthe opinion that further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation will make the compensation of Rs.1,78,500/- awarded bythe Tribunal asjust and proper compensation in th-efacts andcircuvnstarices'bf'th'epresentcase; 10. The appeal filed by the appellant / claimant for enhancement ofthe compensation, therefore, is allowed in part. The appellant / claimant is awarded further sum of Rs.25,000/- inclusive of interest component on the enharrced amount of compensation, in addition to the sum of Rs.1,78,500/- awarded by the Tribunal. ^^^%, i <;i3^?;:1 1 ^l ^S^S^' ^t 11. Respondent No.1 - Oriental Insurance Company Limited is granted three months time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. No order as to costs. j Sd/- R.L. Jhanwar Judge