^^- <^^ COURT OF CHHATTISGARH AT BILASPUR Bench : .Ho!iLMe^hrLO[|[p'Raosajieb,Des^ AppeSSant No,3 No-1. CjajmasitNoJ_ RespoiictentNo»2 Defendant No.1 No.3 No.2 iVI.A.CG.SNo.l 711/2008 Iffco-Tokyo General Jnsurance Company Ljrnited through the Branch Manager, iffco Tokyo Genera! insurance Company Limlted, 3td Floor 345-347, Lalganga Shopping Mai, G. E. Road, Raipur (C.G.) Versos 1. Sukhbai VWo Khorbahara Banjare, Aged about 40 years, Resldent of Gandhsravadih, (Bhanvar Kachaar), Post Pucheli, Tehsi! MungelJ, District Biiaspur (C.G.) 2. Chandrabhan S/o Ramkhilawan Daherla, Resldent of Gandhiravadih, (Bhanvar Kachaar), Post Pucheii, Tehsii Mungeii, District Bilaspur (C.G.) 3. Satyanarayan, S/o Bhukhetai Daheria, resident of Gandhiravadih, (Bhanvar Kaohaar), Post Pucheii, Tehsii Mungeji, DistrictBJiaspur(C.G.) MJsceIianeous'Appea! yiider 173 of the Vehicles Act, Present : - Shri Y. S. Thakur, counssj for the appellant. on this et!1 day ofjanuary, Heard on I.A.No.2, which is an app!ication for taklng certified copy of the order passed under Section 170 ofthe Motor Vehiciss Act. (2) l.A.No.2 is aliowed. Document Is taken on record. (3) Heard on admisslon. (4) The appellant/insurer is aggrieved by an award dated 23-09-2008 passed by t.he 2n Additional Ivlotor Acddent Claims Tribunal, F.T.C., Mungeli, Dlstrict Bl!aspur in Ciaim Case No.53/2007 whereby In a oase of permanent disability suffered by one Sukh Bai due to motor accsdent, the Tribunai has avvarded compensation of Rs.1,40,570/- against the Insurer and has granted right to the appeiiant/insurer to recover the same from the owner. -2-— (F^\ ^, (6) The appeilant has assailed the award only on the ground of quantum. The Tribuna! has awarded compensatson under the foifowing heads:- Towards expenses in treatment Tovvards conveyance charges Tov^rds cost of attendant Tovv?ards loss of Income Towards pain and sufrering .. Expenses towards future treatment Tovvards speciai dlet TOTAL Rs.77,870/- Rs.5,000/- Rs.2,000/- Rs.22,500/- Rs.25,000/- Rs.5,000/- Rs.3,000/- Rs.1,40.570/- (7) Learned counsei for the appe!!ant uiped that daily Income of Sukh Bai assessed by the Tribunal at Rs.100/- is on the higher side. it was also Us'ged that no medical evidence was adduced by the ciaimant to prove the factum of permanent disability. (8) Having considered the submission of iearned counsei for the appeiiant, have perused paragraph 12 to 15 ofthe impugned award. The Tribunal has not recorded any finding that the claimant has suffered permanent disability due to the accident in the facts and circumstances of the oase, compensation awarded oy the Tribunal under various heads Is just and reasonable oompensatlon. 1 am of the considered opinion that the Tribuna! v^/as vvhoiiy justlfied in assesslng the daiiy income of Sukh Bai at Rs.100/- and awarding compensation of Rs.1,40,570/- against the appeiiant/insurer. (9) There is no merit in this appeat which is accordingly dismissed at the stage of admissiorL I.A.No.1, which is an appllcation for grant of stay aiso stapids dlsposed of. Sd/- Dilip Raosaheb Deshmukh Judge Tumans