HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISJONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Respondents Misc Appeal (0 No. 8 of 2010 Smt Laxmi Bai Parakh, W/o Late Suresh Parakh, aged about 45 years r/o A/18, Khandelwal Colony, Durg, District Durg (CG) VERSUS Kankir, s/o Kailash Ram Kurmi, aged about 21 years, r/o Bahadurpur, Sevaria, PS Nathnagar, District - Bhagalpur (Bihar) (Driver Truck No.WB- 23 A 2602) M/s Indian Finance & Carrying Corporation, 159 Ravindra Sarni, Calcutta 700007 (Owner Truck No.WB- 23 A 2602) The United India tnsurance Company Limited, through Branch Manager, Branch Office Tar Complex, GE Road, Power House, Bhilai, District - Durg (CG) (Insurer Truck No.WB-23 A 2602) The United India tnsurance Company Limited through Senior Branch M^nager, Branch Office No. 111, Code No.030300, Third Floor, 16 Hari Street, Calcutta - 700001 (Insurer of Policy Office Truck No.WB-23 A 2602) Bhupendra Kumar Chawda, s/o Shri Tarun Chawda, r/o Gurudwara Road, Santra Badi Durg (CG) (Registered OwnerQuaiice No.CG-06 A 0243) Asatiar Raja Khan, s/o Late Salim Raja, aged about 22 years, Taliyapara, Durg (CG) (Driver Toyota Qualice No.CG-06 A 0243) SMBte»\i(( MACNo.8of2010 The Oriental Insurance Company Limited, through Branch Manager, Branch Office Post Box No. 51, Parmanand Bhawan GE Road, Durg (CG) (Insurer Qualice No.CG-06 A 0243) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Goutam Khetrapal, counsel forthe appeltant. Shri Dashrath Gupta, counsel for respondents No.3 and4. Shri SP Sahu,counsel on behaif of Shri KN Chaturvedi, counsel for respondent No.7. ORDER (07th September, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant / Claimant Laxmi Bai Parakh is seeking enhancement of the compensation awarded by the 7 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 11.09.2009, passed in Claim Case No.93/2008. 2) As against the compensation of Rs.10,00,000/-, ciaimed by the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicies Act, for the injuries sustained by her in the motor accident on 08.01.2008, the Tribunal awarded atotal sum of Rs.2,11,835/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. MACNo.8of2010 -J 3) The Tribunal on a close scrutiny of the entire evidence led before it held the United India Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.WB 23 A /2602 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.1,49,580/- towards loss in the future earning capacity on account of the permanent disability; Rs.44,368/- towards medical expenses; Rs.10,387/- towards loss of income during the period oftreatment; Rs.5,000/- for pain and suffering; Rs.1,500/- for special diet and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.2,11,835/- 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.2,1 1,835/- @ 6% per annum from the date of filing of the claim petition tilt the date of actual payment. 6) Shri Goutam Khetrapal, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards attendant and in awarding low sum of Rs.1,000/-, Rs.1,500/- and Rs.5,000/- only towards conveyance, special diet and pain and suffering. 4 IViACNo.8of2010 .-,.^ 7) Shri Dashrath Gupta, learned counsel for respondents No.3 and 4 the United India Insurance Company Limited, the insurer ofthe offending vehicle Truck on the other hand contended that the compensation of Rs.2,11,835/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Shri SP Sahu, learned counsel for respondent No.7, the Oriental Insurance Company Limited, the insurer of Toyota Qualis, in which the appeltant was travelling also supported the award. 9) Claimant Smt Laxmi Bai Parakh was aged about 45 years on the date of the accident. She was having her own business in the name of 'New Suresh Traders'. The claimant sustained muitiple serious injuries in the motor accident is borne out from the evidence available on record. The bills and vouchers produced by the claimant in regard to the medicalexpenses before the Tribunal were to the extent of Rs.44,368/- and the Tribunal has awarded this entire ambunt of Rs.44,368/- towards medical expenses. 10) Nevertheless, the sums of 1,000/-, Rs.1,500/- and Rs.5,000/- awarded by the Tribunal towards conveyance, special diet and pain and suffering are certainly on the lower side and deserve to be enhanced. The Tribunal has also erred in not awarding any sum towards attendant. 11) In our considered opinion, further award of Rs. 15.000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,11,835/- ? tf'^....,^^. 1 ^'^zss^t MACNo.8of2010 padma awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed bythe appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The daimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,11,835/- awarded by the Tribunal. 13) Respondents No.3 and 4 the United India Insurance Company are granted three months' time for depositing the tota! sum of Rs.15,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sdf- R.N. Chandrakar Judge