^ . HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1582 of2008 Appellant 'c Respondents Shivkaran Bhaskar, aged about 50 years, son of Dayala, R/o Village Tarawarpur, Tahsil and P.S. Mungeli, District Bilaspur (C.G.) VERSUS Saiyyad Aamin Ali, aged about 37 years, S/o Saiyyad Aabit Ali, R/o Adarsh Chowk Mangala, District Bilaspur (C.G.) National Insurance Co. Ltd., Taha Complex, Vyapar Vihar Road, Bilaspur (C.G.) Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri G.P. Kurre, counselfortheappellant. Shri Q. Aziz, counsel for respondent No.2. ORDER rth (7'" February, 2012) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Shivkaran Bhaskar is seeking enhancement of the compensation awarded by the Additional Motor Accidents Claims Tribunal, Mungeli, district Bilaspur ^ M.A.C.No.1582of2008 (for short 'the Tribunal') vide award dated 26.08.2008, passed in Claim Case No.65/2006. 2) As against the compensation of Rs.11,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 22.03.2006, the Tribunal awarded a total sum of Rs.65,000/- as compensation to the claimant 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 National Insurance Company Limited, the insurer of the offending motorcycle bearing registration No. C.G.10/E-5551 liable to pay compensation to the claimant. 4) As the insurer of the above offending motorcycle 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 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.45,000/- towards medical expenses; Rs.10,000/- for loss of income during the period of treatment; Rs.5,000/- for pain and suffering; and Rs.5,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.65,000/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of M.A.C.No.1582of2008 interest on the above amount of compensation of Rs.65,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri G.P. Kurre, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards conveyance and attendant; in awarding low sum of Rs.5,000/- towards special diet; and in awarding low compensation of Rs.65,000/- only. 7) Shri Q. Aziz, learned counsel for respondent No.2, the National Insurance Company Limited, the insurer of the offending motorcycle, on the other hand, supported the award and contended that the compensation of Rs.65,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Shivkaran Bhaskar was aged about 50 years on the date of the accident. He was an agriculturist by occupation. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence 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^being an agriculturist, could not have undertaken agricultural operations on account of the injuries and fractures sustained by him in the motor accident for a period of 4-6 months. The claimant, as such, must have been compelled to engage agricultural labour for undertaking agricultural operations in his fields. ^ M.A.C.No.1582 of 2008 '•^ 9) The Tribunal certainly has erred in not awarding any sum towards conveyance and attendant. 10) The compensation of Rs.65,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.35,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.65,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/ claimant for enhancemenf ofthe compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.35,000/- (Rupees thirty-five thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.65,000/- awarded by the Tribunal. 13) Respondent No.2 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.35,000/- (Rupees thirty-five thousand only) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Cuandrakar Judge subbu