HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Misc. Appeal (C) N6. 973 of 2007 Smt. Ramkunwar w/o Shri Manoj Kumar aged about 28 years, r/o Patharaguda, Basmunda Para, Jagdalpur, distt. Bastar C.G. VERSUS 1 Anuj @ Rajesh Kumar, s/o Shri Chandrashekhar aged about 31 years r/o Patharaguda Jagdalpur, distt. Bastar C.G. (Driver of the alleged vehicle) 2 Smt. Manjeet Kaur w/o Shri Saran Jeet Singh aged about 34 years, r/o Subhash Ward Jagdalpur, distt. Bastar C.G. (Owner of the alleged vehicle) 3 The New India Insurance Company Ltd., Branch Jagdalpur, distt. Bastar C.G. (Insurance Company of the alleged vehicle) Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri Sarijeev Verma, counsel for the appellant. . Shri H.B. Aqrawal, Senior Counsel with Ms. Sareena Khan, counsel for respondents No.1 and 2. Shri H.P. Agrawal, counsel for respondent No.3. •'% ^ MAC.No. 973 of 2007 ORDER (1stDecember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ ctaimant Smt. Ramkunwar is seeking enhancement of the compensation awarded by- the Second Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short 'the Tribunal') vide award dated 09.11.2006, passed in Claim Case No.42/2005. 2) As against the compensation of Rs.7,70,000/- 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 02.12.2004, the Tribunal awarded a total sum of Rs.34,357/- 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 New India Insurance Company Limited, the insurer of the offending vehicle Jeep bearing registration No.CG-17/ZT/0138 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Jeep has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal ^bnsidering the number and nature of the in{uries , .^^ proved to have been SL^tained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.9,357/- towards medical expenses; and Rs.25,000/- under other ff ^— 5& •^. MAC.No. 973 of 2007 conventional heads. The Tribunal, thus, awarded a total sum of Rs.34,357/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.34,357/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) v Shri Sanjeev Verma, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of leave which the claimant was compelled to take during the period of her treatment; and in awarding low compensation of Rs.34,3577- only. 7) Shri H.P. Agrawal, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Jeep, on the other hand, supported the award and contended that the compensation of Rs.34,357/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri H.B. Agrawal, learned Senior Counsel with Ms. Sareena Khan, learned counsel for respondents No.1 and 2, the driver and owner ofthe offending vehicle Jeep also supported the award. 9) Claimant Smt. Ramkunwar was aged about 28 years on the date of the accident. She was working as Agriculture Extension Officer and wa$ posted at Jagdalpur. The claimant sustained \ multiple serious injuries including fracture in the motor a.ccident is borne out from the evidence available on record. The bills and vouchers produced by the claimant before the Tribunal in regard to " /^' Sl MAC.No. 973 of 2007 the medical expenses were to the extent of Rs.9,357/- only and the Tribunal has awarded the entire amount of Rs.9,357/- towards medial expenses. It has come in the evidence of the claimant herself that she is getting the same salary and allowances after the accident which she was getting prior to the accident. Thus, it is apparent that the injuries and fracture sustained by the claimant in the motor accident has not adversely affected the future earning capacity of the appellant in any manner. 10) The Tribunal certainly has erred in not awarding any sum towards loss of leave which the claimant was compelled to take on account of the injuries and fracture sustained by her in the motor accident. It has come in the evidence that the claimant remained hospitalized for a period of about 1 Vz month. 11) The compensation of Rs.34,357/- awarded by the Tribunal when examined in the context of the above mentioned broad features ofthe case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.34,357/- awarded by the Tribunal as just and prop.er compensation in the facts and circumstances of the present cas^ 13) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component !.^ ^'y^ "^ a^^i © MAC.No. 973 of 2007 ^sii^^ subbu fci^^NrtW on the enhanced amount of compensation in addition to the sum of Rs.34,357/- awarded by the Tribunal. 14) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- (Rupees Twenty thousand only) before the concerning Claims Tribunal. 15) Noorder as to costs. ——— sd/- p Chief Justice ^ Sd/- N.K. Agarwal Judge "\. i.'x