^ v HIGHCOURTOFCHHATTISGARHATBILASPUR DIVIS10N BENCH CORAM: HON'BLESHRI RAJEEVGUPTA,CJ. HPN'BLESHRiR.L.JHANWAR.J. Misc. Atlpeal Nb.704 of 2003 Apoellant y Amaru Chandrakgr S/o. Ramu Claimarrt Ohanclrakar aged about 45 year, 1 occupation Gultivator, ft/o. Vill. ^ Kharora, f'ost Bemcha, Thana Wahasamuhd, ~^^h. & Distt. Matiasamund (C.G.) 'l •l-ii; VERSUS s Respondents 1 Dilip Kumar Mar^ Non-applicants Maratha ageci 34, rlo' Gobra Navapara, Raipur (C.G^ 2 Rani Bhagwan Dewar^an, aged 34 years, S/o. Manrakhan Dauangan, rA3;.Gobra Navapara Rajim, Tah. & Distt.Raipur(C.G.) 3 The New India Insurance Co. Ltd., Branch Offfce No.2, Bajrang Market, Raipur through Divisional Manager, Divjsjonal Office, Kutehheri Chowk, Raipur(C;G.) Miscellaneous Appeal under SeGtion 173of Motor Vehicles Act. 1988 Present: ShriS.C.Venna,counself6rtheappellant. . None for respondentsNo. 1 & 2thoygiT^erved. '' Shri Shreekumar Agrawal, Senior,©ouriselwith Shri AnandGupta, eounselforrespondentNo.3. ORDER ,:. : [ ••' ,: I:1. ';; (18th,lune,2(n0) ! Tfes following- order of the Gourt w|a&I;^pasp>d' t?y I1 :' i'i:" i . : ^ ; : ; 1- RajeeVGupta,C^I. -- Appellant Amaru Chandrakar is seeking enhancement of the compensation awarded bythe First Additional Motor Accident Claims Tribuna!, Raipur (for short 'the Tribunal') vide award dated 16.04.2003, passedin Claim CaseNo. 149/2002. 2. As against the compensation of Rs.31,00,000/- claimed by the appellanUclaimant by filing a claim petition under Section 166 ofthe Motor Vehicles Act forfhe injurigs sustained by him jnthe *\ • " . • • .' ' motoraccidenton 14.05.2002, theTribunalawardedatotalsum of Rs.77,755/- as compensation along with int^rest @ 6% per annum from the date of filing oftheclaim petition till thedate of actual payment. 3. The Tribunal on a closescrutiny of the entire evidence led hefore it held that claimant Amaru Chandrakar sustained injuries in the motor accident on 14.05,2002; the accident pccurred due to rash and negligent driving of the driver of the offending vehicle Tempo Trax, bearing registration No.C.G.04-ZD-0547; as the offending vehicle Tempo Trax on the date of the accident was insured with the New tndia Insurance Company Limited; the Insurance Company was liable to pay compensation to the claimant. 4. As the respondents have not filed ahy appeal against the award, the above findings rectirded by the Tnbunal have now attainedfinality. -. ' | . F -a<*-. -: --.. ^- ;.. '..• ...';''.".. •;'::;.. 1::;.':. .rt'';- :.. : • - .. :' 5. J The Tribunal considering the number and :Hature of the irijuries sustained~bythe elaimant in the motor'aGcident and the amoynt_ proved ta have been spent on treatment awarded Rs.47,755/- towards medical expenses; Rs.25,000/- towards fracture and grievous injuries; and Rs.5,000/- for pain and suffering. The Tribunal, thus, awarded atotal sum of Rs.77,755/- as compensation to th& claimant. The Tribynal further directed payment of interest on the above amount of compensationof Rs.77,755/- @ 6% perannum from the date of fiiing of the claim petition till the date of actual payment. 6. Sbri S.C. Verma, leamea coyrisel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income for the period the claimant remained under treatment and in awarding low compensation of Rs.77,755Aonly. . . 7. Shri Shreekumar Agrawal, learned Senior Counse! and Shri Anand Gupta, learned counsel for respondent No.3- the New India Insurance Compgny Limited on the other hand supported the awardand contended that the compensation of Rs.77,755/- awarded by the Tribunal is just and proper compensation in the fact&and circumstances ofthe present case. 8. The claimant used to earn his livelihood by running a Kirana Shop. He was aged about 45 years on thedate ofthe accident. /Frorn the evidence led by the claimant before tfte Tribunal, it is established that the clairaant sustained fractures in his left wrist|and right thigh. Thus, itls apparent that on account ofthe aboveifracturestheclaimantcould not attend hisshqp for a •n^ ' • ' . -.:-' " ' • • ••.•'' '• • . • "••'••••' 1 .'' • " ^. ''••••. period of about2-3 months, resultingin monitory io$sto fiim. The F""- 4 subbu Tribunal certainly has fallen into error in not awarding any sum in that behalf. 9. On due consideration of the submissions of learned counsel forthe parties, we areofthe opinion that further award of Rs.15,000/- in addition to the sum of Rs.77,755/- awarded by the Tribunal would make the compensation just and proper in the facts and circumstances of the preserit case. 10, The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is altoWed injpart. The appellant / claimant isawarded furthersum QfRs.15,000/- inclusive of interest component on' the enhanced amount of compensation, in addition to thesum of Rs.77,755/- awarded by the Tribunal. 11. Respondent No.3 The New India Insurance Company Limited is granted three months' time for depositing the sum of Rs.15,000/- before the conceming Claims Tribunal. 12. No order as to costs. Sd/- Chief JusUce ^ Sd/- R.L. Jhanwar Judge