HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant (Claimant) Respondents IVIisc. Appeal (C) No. 59 of2010 Chandrabhan Sahu, son of Dinesh Sahu, aged about 20 years, R/o Usribod, Post Surgi, District Rajnandgaon (C.G.) VERSUS 1 Hirau Ram Sharva (Sahu), son of Amar Singh Sharva, R/o Village Navagaon, P.S. Somni, District Rajnandgaon (C.G.) (Driver) 2 Rammurti Bhandari, Son of Beli Ram Bhandari, aged about 58 years, R/o Nadi Road Ganjpara, Durg, at present R/o Santara Badi Durg, District Durg (C.G.) (Owner) 3 The New India Insurance Co. Ltd., Through Divisional Manager, Division Office, New India Insurance Co. Ltd., Power House Bhilai, Tahsil and District - Durg (C.G.) Misc.ADpeal under Section 173 of the Motor Vehicle Act. Present: Shri Vishnu Koshta, counsel for the appellant. Shri Ashish -Surana, counsel for respondents No.1 and 2. Shri Deepak Gupta, counsel for respondent No.3. ORDER (1st August, 2011) ^ \ „—'*"'>' .s.t^'-'4'^1^-':.^., /' «r~'"si'"%. rf' S,, 1 ,'!' y "•^, .-^" M.A.C.No.59of2010 2^' The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Chandrabhan Sahu is seeking enhancement of the compensation awarded by the 11 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 29.06.2009, passed in Claim Case No. 127/2007. 2) As against the compensation of Rs.3,25,000/- claimed by the appellant/claimant, byfiling a claim petition underSection 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.04.2007, the Tribunal awarded a total sum of Rs.22,917/- as compensation along with interest @ 8% 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 Insurance Company Limited, the insurer of the offending vehicle Dumper bearing registration No.CG-07/0-1202 liable to pay compensation to the claimant. 4). As the insurer of the above offending vehicle Dumper 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, awarded a total sum of Rs.22,917/- underallthe permissible heads, as compensation to the claimant for the injuries sustained by him jn the motor accident. The Tribunal ^ t'.f M.A.C.No.59of2010 ^' further directed payment of interest on the above amount of compensation of Rs.22,917/- @ 8% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Vishnu Koshta, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.22,917/- only though the appellanVclaimant, who was a Tailor by occupation suffered multiple serious injuries including fractures in the motor accident, resulting in permanent disability to the extent of 9.5%. 7) Shri Deepak Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Dumper, on the other hand, contended that the compensation of Rs.22,917/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Ashish Surana , learned counsel for respondents No.1 and 2, Hirau Ram Sharva and Rammurti Bhandari, the driver and owner of the offending vehicle Dumper, also supported the ••award. 9) Claimant Chandrabhan Sahu was aged about 20 years on the date of the accident. He was a Tailor by occupation. The claimanf sustained fractureg! of his Tibia and Fibula bones is established 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 daimant on account of the fractures of his Tibia and Fibula bones could not have ^ M.A.C.No.59of2010 performed his duties as Tailor for a period of 2 - 3 months, resulting in monitory loss to him. 10) The compensation of Rs.22,9177- awarded by the Tribunal when examined in the context of the above mentiohed broad features of the case, in our opinion, is somewhat 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.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.22.917/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal fited by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.22,917/- awarded by the Tribunal. 13) Respondent No.3 theNew India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before th.e concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice subbu Sd/- R.N. Chandrakar Judge