HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJIEEV GUPTA, CJ. HON'BLE SHRI SUN1L KUMAR SINHA, J. Appellant Resoondents •*kf I.A.No. 353 of 2004 Mulkraj Sharma, s/o late Jagannath Sharma, age 30 years, r/o behind Tiwari Kirana Store, Pachperinaka, Raipur (C.G.) Tahsil & Distt. Raipur (C.G.) VERSUS Virendra Kumar, s/o Mariiram Yadav, age 30 years, r/o village bhursidogri P.S. Sihawadistt. Dhamtari (C.G.) Through Sunil Steel Company, Urla, Ratpur (C.G.), present address VilageAchhoti, houseof Deendhankar P.S. Urla, Tahsil & Distt. Raipur(C.G.) [Driver of Dumper Truck No. C.l.t. 7765] Sunil Steel Company Pro-Sunil Ree Rolars & Steel Pvt. Ltd., Urla, Raipur Tahsil & Distt. Raipur (C.G.) The New India Insurance Co. Limited, Raipur Through Divisionat Manager Divisional Office, First Floor, Madeena Manzil, Jail Road, Raipur (C.G.) Tahsit & Distt. Raipur (C.G.) [Insurer Truck No. C.l.l. 7765] MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri Sanjeev Kumar Verma, learned counsel for the appellant. Shri Sushobit Singh, leamed counsel for respondents| No.1 &2. i Shri Ajay Mishra, learned counsel for respondent No.3. —N•1 U*I— Ml!•• ;"'!IE [| |.i..JU.-..ii..j).l:..lL^li ORDER (03rd January, 2011) The fotlowing order of the Court was passed by Rajeev Gupta, C.J. Appellant Mulkraj Sharma is seeking enhancement of the compensation awarded by the Fourth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 10.12.2003, passed in Claim Case No.57/2003. 2) As against the compensation of Rs.7,00,000/- claimed by the ! ' appellant/ claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in (he motor accident on 15.10.2002, the Tribunal awarded a total sum of Rs.1,30,000/- as compensation along with interest @ 6% per annum from the date of filing ofthe claim petition till the datpof actual payment. 3) The Tribunal on a close scrutiny of the entire evidenc^ ted before it held that claimant Mulkraj Sharma susteined multiple injuries including fractures in the motor accident on 15.10.2002; the injuries and fractures sustained by the claimant in the miptor accident resulted in permanent disabitity; the accident occurred fSjie to rash and negligent drivingof the driver of the offending ve^icle Dumper bearing registration No.C.I.I.-7765; as the above offending vehicte Dumper, on the dateofthe accident was insuredwith] Uie New tndia Insurance Company Limited and the lnsurii!iiGe Company eould not establistjiany breach of the poticy conditipRS, S^- gj >3 8 'y i ,..-^> i; •l... 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 attained finality. 5) The Tribunal considering the number and natureof the injuries proved to have been sustained by the claimant in the motor accident; the resultant permanent disability; and the amount proved to have been spent on his treatment, awarded lump-sum of Rs.1,30,000/- as compensation to the ctaimant. The Tribynal further directed payment of interest on the abov® amount of compensation of Rs.1,30,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sanjeev Kumar Verma, leamed counsel for |the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,30,000/- only though the appellant/ claimant on account of the injuries and the resultant permanent disability has been rendered unfit to pursue his occupation. 7) Shri Ajay Mishra, learned counsel for respondent No.3 -; New India Insurance Company Llmited, on the other Hanjd, supported the award and contended that the compensatio^ Rs.1,30,000/- awarded by the Tribunal Is just and prjoper compensation in the facts andcircumstances ofthe present Gase.| bfl •^a lh< ,ji.. 8) Shri Sushobit Singh, learned counsel for respondents No.1 & 2, the driver and owner of the offending vehicle Dumper also supported the award. 9) Claimant Mulkraj Sharma was aged about 30 years on the date of ttie accident. He was earning his livelihood by working as property dealer and running a Newspaper Agency. The claimant claimed that he used to earn Rs.10,000/- per month. The evidence of AW2 Dr. G.S. Bachhu and AW4 Dr. Kedar Agrawal establish^ that the claimant sustained crush injury on his teft leg resulting ih permanent disability to the extent of50%. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the crush injury on his left leg and the resultant amputation of his four fingers of left leg would suffer physically and'mentally for the rest of his tife. 10) The compensation of Rs.1,30,000/- awarded by the Tribunal when examined in the context of the above-mentioned bro^d features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. | 11) Considering all the relevant aspects ofthe matter, we areiaf the opinion that further award of Rs.30,000/- inclusive of intere^t component on the enhanced amount of compensation wouki makel •1 i thecompensatlon of Rs.1,30,000/- awarded by the Tribunal asjtist; 1^:1 and proper compensation in the facts and circumstances of t^ie| presentcase. T im' ubbu 12) The appeal filed by the appellant/ claimant for enhancement ofthe 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.1,30,000/- awarded by the Tribunal. \ 13) Respondent No.3 the New India Insurance Companv Limited is granted three months' time for depositingthe total sum of Rs.30,000/- before the conceming Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge