_L^1 Pl'ti!i^||g iii; .«i.& lu^: © ,:MV/ ^r-'\ y IN THE HIGH COURT OF CHH&TTISGARH K£ BILASPUR M •A. N0. l0'i>1 /2003 !'se-.. S'f^ Q-s APPELLANTS CIAIMENTS '-- 1 • 2. 3. /' '?''.y^<:s /''.€^s Salma Bibi, W/o Jarib, Caste - Muslim, aged about 30 years, Occupation House wife, Labour. Muslima Khatun, D/o. Jarib aged about \,10 years, Minor through mother Salma Bibi w/o Jarib. Taj Mohammad, S/o. Jarib a.ged about 13 years, Minor through mother Salma Bibi w/o Jarib. .<^T ^*' ^- <^/ ^/ 4. .sV- o^ <-\v Alfaj Mohammad, S/o Jarib, aged about 7 years, Miner fi>~ \ R^ Jc'A^'a /)A^V' through mother Salma Bibi ^i^ , ^ ^ '., tlf'-?^', ^ w/o Jarib. ^•^0 ^CV5-U£ A/<5 I^^EL n\^iy\ % ^<^ c^wu^ Bk^n^ YERSCTS ^r-,. k <; i' f f) o- - J . A.h,..-. n 1- l^v^l '^^"^^^q^fi/W-Sc^^^. RESPONDENTS 1. NQN-APPLICANTS C-^^-) Subodh Mandal, s/o Kailash Mandal. aged about 28 years, -Occupation-Driver, R/o New Mines Bhafcgawn, P.S.Si Tah. Pratap pur, Sistt. Surguja C.G. (DRIVER) ; 2 i Ravindar Singh, S/o. Ram- B'ahadur Singh, aged about 30 years, R/o. Ring Road Namna Kala, Ambikapur. P.S. Si Tah. Ambikapur, District Surguj'a C.G. (OWNER) Ifie Oriental Insurance Company Ltd. through Branch Manager The Oriental Insu- rance Ltd. Branch Office Sadar Road (Near S.B.I ) Anittikapur, Distt. Surguja C.G. (INSURER) KX i: APPEAL U/S 173 OP MOTOR VEHICLE ACT 1988 FOR THE ENHANCE- MENI OF IHE AWARD : :li|SB ••3Ati '/ 1€ ^K \° m mGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra M. A. No. 1031/2003 APPELLANTS RESPONDENTS Salma Bibi and others Versus Subodh Mandal and others Appearance: Shri Ashok Kumar Shukla, counsel with Shri Atanu Ghosh, counsel for the appellants. APPEAL U/S 173 OF MOTOR VEHICLE AGT 1988 ORAL ORDER (20.07.2010) Heard on admission. (2) The appellanVclaimants suffered injuries in the accident on 7/03/2000. They prayed for eompensation ofRs. 12 lakhs. (3) Before claims tribunal, the claimanVappellants have not submitted any proofregarding their admission in the hospital, nor any other proof regarding treatment and purchase of medicines were submitted. They also failed to examine the medical officer in support oftheir claim. (4) The claims tribunal recorded a finding that appellants Salma Bibi and Alfaz received simple injuries. Though it was recorded that appellant, Muslima Khatun had received grievous injuries, but in fhe absence of any medical evidence regarding the nature and extent of Injuries and disability, she has also been awarded amount of ~^\- ^n^.^^A :1 'stBi:;. tf^-' ,,;!t.'i» -z- ,.i'itl1fo ;ii'^ Rs.4000/- as was awarded to the other appellants by the claims tribunal. (5) In the opinion of this court, in the absence of any evidence having been led by the appellant, the claims tribunal has rightly awarded lump sum amount ofRs.4000/- to the appellantNo.l, 2 and 4 and Rs.2000/- to the appellant No.3. (6) There is no scope for enhancement of the amount of compensation. (7) The appeal fails and is hereby dismissed. —- Sd/- Prashant Kumar Mishra Judge ^' t)