i i;:' :ii!h:;'"i'F''r::-T~rH:' u u SN'I Ciaimant Heeralal Soni, s/o. late Vishweswar Soni, r/o. Qr. No. F-3, Rd. No.12, Zone 1, Sector 11 , Bhilai, District Durg (CG). 3 Manoj Kumar, S/o. Atmaram Sarar, aged about 25 years, (Vehicle driver) r/o. village Ahiwara, Tahsil - Ahiwara, District Durg (CG). Madan Jain, s/o. Bhanwar Lal Jain, aged about 25 years, (Vehicle owner) r/'o. vilfage Ahiwara, Tahsil Ahiwara, District Durg (CG). Nationa! Insurance Company Ltd., 2" floor, behind Sahkari Bank, G.E. Road, Raipur (CG) (Vehicle insurer). Ms Somshukla Sarkar, counsel for the appellant, . Shri UPS Sahu, counsel for respondents No.1 and 2. Shri BN Nande, counsel for respondent No.3. ith The following order of the Court was passed ant Heeralai Soni is seeking enhancement of the >n awarded by the 8 Additlonal Motor Accident Claims '^ ^ -• ...t:^^ ^ 'v9Sf^f' '^ ^^ "%;-.,.^.-g,^."" Tribunal, Durg (for short 'the Tribunal') vide award dated 29.08.2005, passed in Ciaim Case No.326/2004. 2) As against the compensation of Rs.4,39,754/-, claimed by the appellani/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicies Act, for the injuries sustained and damage to his Luna moped in the motor accide.nt on 07.01.2001 , the Tribunal awarded a tota! sum of Rs.91,820/- as compensation aiong with interest @ 6% per annum from the date of filing of the claim petition till the date of actuai payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Heeraiai Soni sustained multiple injuries including fractures in the motor accident on 07.01.2001; the accident occurred due to rash and negiigent driving of the offending vehic!e Jeep bearing registration No.MP-24 G/5371; as the above offending vehicle Jeep on the date of the accident was insured with the Nationa! Insurance Company Limlted, and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attalned finality. 5) The Tribunai c'onsidering the number and nature of the injuries proved to havebeen sustained by the claimant in the motor accident; and the amount proved to have been spent on treatment, BiF"!'—;- ~'aa. 3 awarded Rs.73,920/- towards loss of saiary/leave for ten months during the period of his treatment; Rs.5,000/- for pain and suffering; Rs.5,000/- for conveyance and special diet; Rs.3,000/- for attendant; Rs.3,900/- for medical expenses; and Rs.1,000/- for damage to fhe claimant's Luna moped. The Tribunal, thus, awarded a total sum of Rs.91,820/- as compensation to the ciaimant for the injuries and damage to his Luna moped in the motor accident. The Tribunal further directed payment of Interest on the above amount of compensation of Rs.91,820/- @ 6% per annum from the date of filing of the claim petitlon till the date of actuaS payment. 6) Ms Somshukla Sarkar, learned counsel for the appeliant submitted that the Tribunal has erred in awarding low compensation of Rs.91,820!- only. 7) Shri BN Nande, iearned counsel for respondent No.3 the National Insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.91,5201- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri UPS Sahu, iearned counse.l for respondents No.1 and 2, the driver and owner ofthe offending vehicle Jeep also supported the award. 9) Claimant Heeralal Soni was aged about 34 years on the-date of the accident. At the rele»/anttime, he was working in Bhilai Steel Plant. In his cross-examination, he admitted that for the injuries sustained by him in the motor accident he was treated in the hospital of Bhilai Steel Plant free of charge. However, he submitted that he was required to purchase medicine from outside. The bills and vouchers produced before the Tribunai for purchase of medicine were to the extent of Rs.3,900/- and the Tribunal awarded Rs.3,900/- towards medical expenses. AW/2 Dr Anupam Lal, who treated the ciaimant for the fractures of his Tibia and Fibula bones has stated tha{ the claimant has suffered shortening of his left leg by one Inch. 10) The compensation of Rs.91,820/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the iower side and deserves to be enhanced to some extent. 115 Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.91,820/- awarded by the Tribunal as just and proper compensation in the facts and clrcumstances of'the present case. 12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed h part. The claimant is awarded further sum of Rs.20,000/- tnclusive of interest component in addition to the sum of Rs.91,820/- awarded by the Tribunal. -a m ^^.'.-' lf^. 13) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 14) No order as to costs. s. Sd/- Chief Justice Sd'- R.N. Chandrakar Judge subbu