s " IV. V'a^^ ;Xi&^ii^iy I;-.. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1321 of2009 Appellant Claimant Respondents Non-claimants Yashwant Das Manikpuri, s/o Chaturdas Manikpuri, aged about 30 years, r/o near water tank, Daganiya, Raipur, tahsil & district Raipur C.G. VERSUS Azimuddin, s/o Amruddin, r/o Kurud Kutela, police station Arang, district Raipur C.G. (Driver of vehicle Mini Bus bearing registration No.C.G.06/0-1246) Balkrishna Sharma, s/o N.P. Sharma, r/o Sharma Transport, Mahasamund, Police Station, Tahsil & district - Mahasamund C.G. (Owner of vehicle Mini Bus bearing registration No.C.G.06/D-1246) The Newlndia Assurance Company Limited, through Branch Manager, Divisional Office, Madina Building, Jail Road, Raipur, district Raipur, C.G. (Insurer of vehicle Mini Bus bearing registration NO.C.G.06/D-1246) 'ADDeal under Section 173 ofthe IVIotorVehicle Act Present: Shri Dharmesh Shrivastava, counsel for the appellant. Shri A.K. Athaley, counsel for respondent No.3. ORDER rth (27mJuly,2011) 1 The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Yashwant Das Manikpuri is seeking enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 12.01.2009, passed in Claim Case No.58/2008. 2) As against the compensation of Rs.6,00,000/- claimed by the appellant/claimant by filing a claim petitionunder Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 02.04.2008, the Tribunal awarded a total sum of Rs.25,019/- as compensation along with interest @ 7.5% 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 Assurance Company Limited, the insurer of the offending Minibus bearing registration No.C.G.06- D/1246, liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Minibus 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.15,019/- towards medical expenses; '..^ ~'-it •-^••.^•^y'^. fe Bfiffig-Ag' ' EBS y Rs.5,000/- for pain and suffering;and Rs.5,000/- for special diet and conveyance. The Tribunal, thus, awarded a totat sum of Rs.25,019/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunat further directed payment of interest on the above amount of compensation of Rs.25,019/- @ 7.5% per annum from the date offiling ofthe claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment and attendant; and in awarding low compensation of Rs.25,019/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident, resulting in permanenf disability to the extent of 45%. 7) Shri A.K. Athatey, leamed counsel for respondent No.3 Newlndia Assurance Company Limited, insurer of the offending Vehicle Minibus, on the other hand, contended that the compensation of Rs.25,019/- awarded by the Tribunal isjust and proper compensation in the facts and circumstances of the present case. 8) Claimant Yashwant Das Manikpuri was aged about 30 years on the date of the accident. The claimant pleaded that he used to earn Rs.8,000/- per month prior to the accident and the injuries and fractures sustained by him in the motor accident 1 ^ %iS 3 f %> JJ ^y ^s^ have rendered him unfit to pursue his occupation. The claimant sustained fractures in the motor accident is borne out from the material available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures could not have performed his duties/ occupation for a period of 2-3 months, resulting in monitory loss to him. The Tribunalcertainly has erred in not awarding any sum towards loss of income during the period of treatment and attendant. 9) Thecompensation of Rs.25,019/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, 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 compensationof Rs.25,019/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11)' For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced ISIiW' liii;':t. •.--Sic.-jSaSi^:.: y subuy amount of compensation in addition to the sum of Rs.25,019/- awarded by the Tribunal. 12) Respondent No.3 the New India Assurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge S-.