~0~ 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 Non-applicants Misc. Appeal (0 No. 1265 of 2007 Kamlochan, s/o Jairam, aged about 26 years, caste Dhruva, r/o village Bade Murma, tehsil Jagdalpur VERSUS 1. Sudershan Nag, s/o Shri Jhimturam Nag, aged about 35 years, caste Mahara, r/o Parpa, tehsil Jagdalpur. 2. The Oriental Insurance Company Ltd., through Branch Manager, Branch Office Jagdalpur. Appeal underSection 173 ofthe IVIotor Vehicles Act Present: Shri Alok Dewangan, counsel for the appellant. Shri Shailendra Sharma, counsel for respondent No.2. ORDER >th (19m0ctober,2011) The following order of the Court was passed by Rajeev Gupta, C.J. AppelIanV claimant Kamlochan is seeking enhancement ofthe compensation awarded by the Second Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short 'the Tribunal') vide award dated 03.08.2007, passed in Claim Case No.79/2007. I.A.C.No; 1265 of 2007 6_ 2) As against the compensation of Rs.4,50,000/- claimed by the appellanVdaimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 15.02.2004, the Tribunal awarded a total sum of Rs.30,000/- 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 Oriental Insurance Company Limited, the insurer of the offending Yamaha Motorcycle bearing registration No.C.G.-17- B/8759, liable to pay compensation to the claimant. 4) As the insurer of the above offending Yamaha 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 lump-sum of Rs.30,000/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.30,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Alok Dewangan, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.30,000/- only though the appellant/ claimant sustained multiple te^? MAC.No. 1265 of 2007 K serious injuries including fracture in the motor accident resulting in permanent disability to the extent of 35%. 7) Shri Shailendra Sharma, learned counsel for respondent No.2, the Oriental Insurance Company Limited, the insurer ofthe offending Yamaha Motorcycle, on the other hand, supported the award and contended that the compensation of Rs.30,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Kamlochan was aged about 26 years on the date of the accident. He was Labour by occupation. The claimant sustained multiple serious injuries including fracture in his right leg 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 a Labour by occupation, could not have performed his duties as Labour on account of the fracture in his right leg, resulting in monetary loss to him. 9) The compensation of Rs.30,000/- 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. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inclusive of interest component on the enhanced amQunt of compensation would make AC.No. 1265 of 2007 the compensation of Rs.30,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.10,000/- (Rupees ten thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.30,000/- awarded by the Tribunal. 12) Respondent No.2 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- (Rupees ten thousand only) before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice ^ Sd/- N.K.Agarwal Judge s'lbbu