CORAM: Applicant Appellant HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 164 of 2009 Meena Ram Verma, (Lodhi) aged about 51 (49) years son of Shri Sukhu Ram Verma (lodhi), resident of village Semra, tahsil Dongargarh, district Rajnandgaon C.G. Non-apDlicants Respondents VERSUS Gulam Farukh, aged about 40 years son of Shri Gulam Sakhar, resident of Pathanpara, behind of Big Masjid, Rajnandgaon, Police Station Basantpur, Rajnandgaon, through abdul Rahim son of Mohammed Hanif, Itwari Bazar Khairagarh, district Rajnandgaon C.G. Abdul Rahim son of Mohammed hlanif, Itwari Bazr Khairagarh, district Rajnandgaon C.G. ICICI Lombard Insurance Company Limited, through the Manager, G.E. Road, Rajnandgaon, tahsil and district Rajnandgaon C.G. Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri Shashi Bushan, counsel for the appellant. Shri Amrito Das, counsel for respondent No.3. ^ ORDER ird (23roSeptember,2011) '"^.:——--. s .N' l—^ h*»» MAC.No. 164 of 2009 The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Meena Ram Verma is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 17.11.2008, passed in Claim Case No. 186/2007. 2) As against the compensation of Rs.11,65,000/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.01.2007, the Tribunal awarded a total sum of Rs.93,000/- as compensation along with interest @ 7% 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 ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicle Bus bearing registration Nos. C.G.- 08 B/5066, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Bus 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 and the amount proved to have been spent on treatment, awarded Rs.50,000/- towards permanent disability; ^^ l11!il" l=;S&^^e^^WiilS:^J?:''i^Mi8^S& MAC.No. 164 of 2009 Rs.38,000/- for medical expenses; Rs.2,000/- for special diet; Rs.2,000/- for pain and suffering; and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.93,000/- 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.93,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shashi Bushan, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; in awarding low sum of Rs.1,000/-, Rs.2,000/- and Rs.2,000/- towards conveyance, special diet and pain and suffering; and in awarding low compensation of Rs.93,000/- only. 7) Shri Amrito Das, learned counsel for respondent No.3 the ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that the compensation of Rs.93,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Meena Ram Verma was aged about 49-50 years on the date of the accident. He was an agriculturist having agricultural land in the village. The claimant sustained multiple serious injuries including fractures of his right humerus and right femur bones in the motor accident is established from the evidence available on record. It is a matter of common knowledge K^l ^,_,_,^ , , _ _«>«-^^.^^'' t"<:'....:.;'.\:---.-.-s>.-^ -'^:'-^; ..;^^ ^S^^^SIS^ 1 '^-Sk 1 ^^.-^^ MAC.No. 164 of 2009 that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures of his right humerus and right femur bones in the motor accident, could not have undertaken agricultural operations for a period of about 3-4 months, resulting in monetary loss as duringthis period he was compelled to engage agricultural labour. 9) The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment and in awarding low sum of Rs.1,000/-, Rs.2,000/- and Rs.2,000/- towards conveyance, special dietand pain and suffering. 10) The compensation of Rs.93,000/- 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 therelevant aspects of the matter, we are of the opinion that further award of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.93,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.93,000/- awarded by the Tribunal. ^SS£i ii:ISS^^^^i^,.i_^.,.^^ ••-".^-:- M.A.C.No.164of2009 ^ 13) Respondent No.3 ICICI Lombard General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Claims Tribunal. 14) No order as to costs. _———_ Sd/- ChiefJustice subbu Sd/- R.N. Chandrakar Judge "x'