^^ ^ ^. .{{ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHR! N.K. AGARWAL, J. Appellant Respondents Misc. Appeal (0 No. 337 of 2007 Smt. Mete w/o Shri Dagru aged about 35 years r/o village lendra P.S. Darbha dist. Bastar C.G. VERSUS 1 Deepak Kumar Pandey s/o Abhay Kumar Pandey aged about 23 years r/o. village Kukanar P.S. Kukanar distt. Dantevada C.G. (Driver of the vehicle) 2 Domu s/o Sardu r/o village Guma P.0. Kodari Pal Tah. Konta distt. Dantevada C.G. 3 Oriental Insurance Company Limited, Jagdalpur, distt. Bastar C.G. Memo of appeal under Section 173 of the Motor Vehicles Act. Present / Shri P.K. Tulsyan, counsel for the appellant. Shri Shailendra Sharma, counse! for respondent No.3. ORDER (19th July, 2011) The foilowing order of the Court was passed by Rajeev Gupta, C.J. AppellanV^claimant Smt. Mete is seeking enhancement ofthe t compensation awarded by the 4th Additiona! Motor Accident Claims rs'i"^ ^ ^ %,1%^ © Tribunal, Jagdalpur (for short 'the Tribunal') vide award dated 20.12.2006, passed in Claim Case No.80/2005. 2) As against the compensation of Rs.9,75,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by her in the motor accident on 14.05.2005, the Tribunat awarded a total sum of Rs.2,000/- 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 Tractor-Trolley bearing registration Nos.C.G.- 18 G/0328 and C.G.18G/0329, respectively, liable to pay compensation to the claimant. 4) As the insurer of the offending Vehicle Tractor-Trolley has not filed any appeal challenging the above finding 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 lump-sum of Rs.2,000/- as compensation to the claimant for the injuries sustajned by her in the motor accident. The Tribunal further directed paymenf of interest on the above amount of compensation of Rs.2,000/- @ G% per annum from the date of filing of the claim petition till the date of actual payment. .^.^ /" ^"'t1^-. ^^••...' '' v ^^'^\. • fc" ;.^^ '^ '•^^•'" 6) Shri P.K. Tulsyan, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.2,000/- only though the appellant/claimant sustained multiple serious injuries including fracture in the motor accident, resulting in permanent disability to the extent of 35%. 7) Shri Shailendra Sharma, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Tractor-Trolley, on the other hand, supported the award and contended that the compensation of Rs.2,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Claimant Smt. Mete was aged about35 years on the date of the accident. The ctaimant was labour by occupation. The claimant sustained fracture of her right hand is established from the evidence of AW2 Dr. L.L. Thakur. It is a matter of common knowledge that substantiai amount is required to be spent on the treatment of fractures. The claimant, being labour, could not have performed her duties as labour on account of the fracture of her right hand for a period of 2-3 months resulting in monitory loss to her. 9) The compensation of Rs.2,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features oi the case, in our opinion, is too low and deserves to be enhanced suitably. 10) Considerihg all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest ^ ^,:\; ,^ '. i •-..^v 4 (^ subbu component on the enhanced amount of compensation would make the compensation of Rs.2,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appeltanV daimant for enhancement of the compensation, therefore, js allowed in part. The daimant 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.2,000/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited js granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. —_- Sd/- Chief Justice Sd/- N.K.Agarwal Judge '•\