HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. M:A.fCtNo. 802 of 2008 APPELLANT Smt. Roshani W/o Manish Kumar, Claimant Aged about 30 years, R/o N^llage - Lorami, Tah. Lorami, Distt. Bilaspur Versus RESPONDENTS 1. Santosh Kumar, S/o Latel Satnami, Non-Claimants R/o village Gond Khamhi, Tah. - Lorami, Distt. Bilaspur (C.G.) Driver, Mini Bus NO.CG07/ZA-0394 2. Ar/ind Kumar, S/o Ramkrif^il Gupta, R/o Near Jaistambh Petrol Pump, Kargfi Road Kota, Tah. Kota, Distt. Bilaspur Owner, Mini Bus No. CG07/ZA-0394 3. Branch Manager, National Insurance Company Ltd. Bilaspur, Tah. & Distt. Bilaspur (C.G.) Insurer, Mini Bus No. CG07/ZA-0394 Miscellaneous Appeal Under Section 173 ofthe Motor Vehicles Act, 1988 Present: Shri Indrasen Sahu, counsel for the appellants. ORDER (30th June, 2008) The foliowing order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the appellant is heard onadmission. 2) This is daimant's appeal for enhancement of the compensatjon awarded by the 8th Motor Accident Ctaims Tribunal (FTC) (henceforth, 'the Tribunal'), Bilaspur (CG) vjde award dated 22.04.2008, passed in Claim Case No.71/2007. 3) As against the compensation of Rs.12,90,000/-, claimed by the claimant for the injuries sustained by her in the motor accident on 19th July, 2006, the Tribunal awarded a total sum of Rs.1,23,000/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 4) Shri Indrasen Sahu, tearned counsel for the appellant vehemently argued that the Tribunal has erred jn awarding low compensation of Rs.1,23,000/- only, though the claimantsuffered multiple serious injuries and fractures in the motor accident and spent substantial amount on her treatment. 5) The Tribunal considering the number and nature of the injuries and the fractures sustained by the claimant in the motor accident and the amount proved to have been spent by her in treatment, awarded Rs.46,000/- towards medteal expenses; Rs.50,000/- towards loss of future earning capacity on account of 15- 20% disability; Rs.5,000/- for attendant; Rs.2,000/- for special diet; Rs.10,000/- for pain and suffering and Rs.10,000/- for future treatment. The Tribunal, thus awarded a total sum of Rs.1,23,000/- as compensation to the claimant. 6) Though the claimant claimed that the injuries and fractures sustained by her in the motor accident rendered her unfit to pursue her occupation of poultry form, the evidence of Dr SS Bhatia padma examined by the claimant before the Tribunal was to the effect that after the union of the fractured bones, there will not remain any adverse affect on the efficiency and earning capacity of the claimant. As the bills and vouchers produced by the claimant before the Tribunal were to the extent of Rs.46,000/- only, the Tribunal rightly awarded a sum of Rs.46,000/- towards medical expenses. 7) On due consideration, we are satisfied that the Tribunal has awarded just and proper compensation underall the permissibte heads. 8) We, therefore, do not find anyscope for enhancement of the compensation awarded by the Tribunal. 9) The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. ' - Sd/- Chief Justice Sd/- Sunil KumarSinha Judge