HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE sHRI RAJEEV GUPTA, C.J. & ' HON’BLE SHRI DHIRENDRA M!SHRA, J. Misc. Appeal No. 577 of 2002’ Paras Ram S/o Bhulaoo Ram Sahu aged about 38 years, occupation cultivation Resident of village Sunderkara, Tahsil Abhanpu‘r District Raipur (C.G.) APPELLANT CLAIMANT Versus 1'. Shaikh Akhtar @ Mittu 3/0 Sheikh Gaji, by caste, Musalman, aged about 30 years, occupation vehicle driver (Taxi) R/o Behind Nav Bharat Press (Talab Par) Mohadapara Raipur Tahsil and District Raipur. (DRIVER) 2. Majid Khan S/o Amjad Khan, aged about 39 years, Resident of Behind Nav Bharat Press (Rajbandha Maidan) Modhapara Raipur, Tahsil and District Raipur. (Registered owner of Jeep No. MP‘ 22-8-2345). The Oriental Insurance Company Limited, Branch Kachhery .Chowk, Through Divisional Manager, Divisional Office Kachhery Chowk Raipur. (Policy valid from 5.6.2000 to 4.6.2001) RESPONDENTS insurance Company. Memorandum of Miscellaneous Appeal Under Section 173 of the Motor Vehicles Act, 1988 Present: Shri Bhaskar Payashi, learned counsel for the appellant. ORDER i. (2nd July, 2008) The following order of the Court was passed by Rajeev Gupta, c.J. Shri Bhaskar Payashi, learned counsel for the appellant is heard on admission. 2.r The appellant — Paras Ram is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 07-02-2002, passed in Motor Claim Case No.139/2001. 3. As against the compensation of Rs.4,75,000i- claimed by claimant — Paras Ram for the injuries sustained by him in the motor accident on 15-01-2001, when his bicycle was dashed by the offending vehicle — Jeep bearing registration No. M.P. 22 B 2345, the Tribunal awarded a sum of Rs.35,200/- as compensation to the v claimant along with interest @ 9% per annum from the date of tiling of the claim petition till the date of actual payment. 4. Shri Bhaskar Payashi, learned counsel for the appellant ’submitted that the compensation of Rs.35,200/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries and fractures sustained by the claimant in the motor accident and substantial amount has been spent on his treatment. 5. True, the claimant sustained injuries and fractures in the accident, but AW-2 — Dr. Sunil Khemka in his cross-examination categorically stated that both the fractured bones of the claimant united properly and he can attend to his duties in a normal way. :l'hus, it is apparent that the injuries and fractures sustained by the claimant in the motor accident did not result in any permanent a disability which could have adverseiy affected the future earning capacity of the claimant. Though, the claimant claimed that he spent Rs.35,000/- on his treatment, the bills and vouchers produced before the Tribunal were to the extent of Rs.9,210/- only. The Tribunal, therefore, awarded a sum of Rs.24,000/— on account of the grievous injuries sustained by the claimant; Rs.9,210/- towards the medical expenses; and Rs.2,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.35,200/— as compensation to the claimant. 6. ln our considered view, the compensation of Rs.35,200/- awarded by the Tribunal is just and proper compensation, in the facts and circumstances of the present case. 7. We, therefore, do not tind any scope for enhancement of the compensation awarded by the Tribunal. 8. The appeal, therefore, is liable to be dismissed and is hereby dismissed summariiy.‘ Sd/- : DHRENDRA MISHRA. e Judge 1 gar l > l Sdl— Chief Justice _ subbu