w- HIGH COURT OF CHHATTISGARH AT BILA8PUR Misc.Appeal (C| No. 967/2009 SB: Hon'ble Shri Justice R.L. Jhanwar APPBLLANT Raja Rara Mahilkar RESPONDENTS Versus Mukesh Kuniar Shrivastava & aiiother ORDER Post ibr order on ^.08,2010 Sd/- R.L. Jhanwar Judge r .08.2010 /&"^ il&^.. 1 ^^ i. f. .'^f I? Y^J^ HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH: HON'BLE SHRi R.L.JHANWAR. J. M.A.fONo. 957 of 2009 APPELLANT (Claimant) RESPONDENTS Raja Ram (Vlahilkar, Son of Prabhu Ram MahHkar, aged about 55 years, R/o Near Satnam Mandire, Sector-11, Zone-ll, Khursipar, Bhilai, P.S. Khursipar, District Durg(C.G.) VERSUS 1. Mukesh Kumar Shrivastava, Son of Bijsndra Lal Shrivastava, aged about 30 years, R/o New Thana Chowk, Ward No.8, Dongergarh, District Rajnandgaon (C.G.) (Driver) 2. P, Venketrao Son of P. Satyanarayan Rao, aged about 38 years, R/o House No. 38, Ganesh Ward No.8, Kalka Para, Dongergarh, District Rajnandgaon (C.G.) (Owner) 3. i.C.I.CJ. Lombaard General Insurance co. Ltd., Through Branch Manager, Division Office, I.C.I.C.I. Lombard Generai Ensurance Co. Ltd., Shop No. 3042306, 3 Floor, Lal Ganga Shopping Center, G.E. Road, Raipur, District Raipur. (Insurer) 'MISCELLANEOUS APPEAL U/S 173 OF THE iVIOTOR VEHICLES ACT, ^AOQQ Appearance: Shri Vishnu Koshta, counsei for the appeiiant. None for respondents No.1 & 2. Shri Amrito Das, counsei for respondent No.3. ORDER (Passedon ^ .08.2010) Appeilant - Raja Ram Mahilkar is seeking enhancement of the compensation awarded by the 8th Additional Motor Vehicles Tribunat (F.T.C.), Durg (for short "the Tribunal') vide award dated 30.03.2009 passed in claim case No. 9/2008. —— ^;^^^ ^ 2. As against the compensation of Rs.3,40,000/- claimed by the appellant / claimant by filing the claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in motor accident on 23.08.2007, the Tribunal awarded a total sum of Rs.90,855/- as compensation to the claimant along with interest @ 6% per annum from the date of filing of claim petition till the date of actual payment excepting the period 16.09.2008 to 05.03.2009. 3. The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Raja Ram Mahilkar susteined multiple injuries in the motor accident occurred on 23.08.2007; accident occurred due to rash and negligent driving of the driver of the offending vehicle i.e. Bolero bearing registration No. C.G.04 H/1192; as the offending vehicle was insured with respondent No.3 - I.C.I.C.I. Lombaard General Insurance Company Limited, therefore, the Insurance Company was liable to pay compensationto the claimant. 4. As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. iNlNK»^NNB1' 5. The Tribunal, considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and th^ amount proved to have spent on his treatment, awarded a sum of Rs.53,852/- towards medical expenses; Rs.5000/- towards conveyance expenses; Rs.5000/- for pain and suffering; Rs.4500/- for nutrition food; Rs.4500/- for attendant charges and Rs.18000/- towards loss of income thereby awarded total compensation of Rs.90,852/- and thereafter rounded off Rs.90,855/- payable to the claimant. The Tribunal while directing payment of interest on the above amount of compensation of Rs.90,855/- @ 6% per annum from the date of filing of claim petition till the date of actual payment but disentitled the appellant to receive the aforesaid interest amountfor the period of 16.09.2008 to 05.03.2009. 6. Shri Vishnu Koshta, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards the future expenses and also Rs.30,000/- for operation, as stated by Dr. ^,'^^^.^^ •v-^-^-/;'. • '^K v-^-"...-...-^- Subodhhiran A.W.3, who has stated that theappellant/claimant is required to attend operation for spinal cord and for that purpose expenses would come to Rs.30,000/-. The Tribunal ought to have awarded Rs.30,000/- towards operation expenses but did not award even single penny under that head. 7. On the other hand, Shri Amrito Das, learned counsel appearing for respondent No.3 supported the impugned award and submitted that the compensation awarded by the Tribunal to the claimant due to injuries caused in motor accident is just and proper and does not call for interference. 8. Claimant Raja Ram Mahilkar was aged about 55 years on the date of accident and he used to earn his livelihood by running flour mill. The claimant was admitted in Government Hospital at Rajnandgaon after the accident and was again referred to Jawahar Lal Nehru Research Center, Sector - 9, Bhilai. Due to accident, the claimant received injuries on abrasion over left side of ear (temporal region), abrasion over left elbow later side and abrasion over left hand and injury on spinal cord. Dr. Subodhhiran A.W.3 has deposed that the claimant is also sugar patjent. Thus, it is clear that injuries sustained by the claimant were in serious nature and due to injury on spinal cord he had to suffer a lot. Dr. Subodhhiran A.W.3 further deposed that though the claimant was required to make operation and for that a sum of Rs.30,000/- was required but he . was not ready for operation. Certainly the appellant/claimant would have been in need of money for operation. 9. On due consideration of the submissions of learned counsel for the parties and all the relevant factors including the above mentioned broad features of the case, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.90,855/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10. The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The appellant/claimant is 'Y.".;^^ ^ awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.90,855 awarded by the Tribunal. 11. Respondent No.3 - I.C.I.C.I. Lombaard General Insurance Co. Ltd., is granted three months time for depositing the sum of Rs.15,000/- before the concerning Claims Tribunal. No orderas to costs. , Sd/- R.L. Jhanwar Judge ^'