B"Wn''!"?"S?^^^K^^^^^a®^l'i?s^^:^'^^^^^^^^^^^^^^^^^^^^? »'< HIGH COURT OF CHHATTISGARH AT B1LASPUR Division^ench Coram : Hon'ble Shri Jagdish Bhalla, Ag. C.J. & Hon'ble Shri Dilip Raosaheb Deshmukh, J. MisceyaneoysApBealJ'to. 724/2006 A^peUant Claimant N^n-a&plicants I- Vidyasagar Jaiswa! S/o Shivlal Jaiswai, aged about 42 years, Occupation Grade-! C!erk, SECL, Bhatgawan, R/o Village Rai, Police Station Jainagar, Tahsil Surajpur, District Surguja C.G. Sureshchandra Vishwakarma, S/o Late R.P. Vishwakarma, R/o Ward no. 16, Bramh Road, Ambikapur, District Surguja (C.G.) 2. Dinesh Yadav S/o Shri Charanjeet Yadav, R/o Village Kunjnagar, Post and Police Station Jainagar, Tahsil Surajpur, District Surguja (C.G.) 3. Premsagar Gupta S/o Unknown, aged about 22 years, R/o Viilage Gopalpur, Post SilfHi, Police Station Jainagar, Tahsii Surajpur, District Surguja (C.G.) The Oriental insurance Company Limited, Through the Branch Manager, The Oriental Insurance Company Umited, Ambikapur, District Surguja (C.G.) Memo of ARpeal Under Sectjon 173 of the Motoryehicle Act, 1388 Shri Rakesh Pandey, counsel for the appellant. ORAL ORDER (Passed on 18-06-2007) The foilowing orai order of the Court was passed by Dilip Raosahei^Deshmukh.iJ. Heard. Aggrieved bythe order dated 25.2.2006 passed by learned 2 Additional Motor Accident Claims Tribunal, (F.T.C.) Surajpur passed in C!alm Case No. 24/2005, the apDeilant has preferred this aooeal. s> The only point urged by the learned counse! for the appellant in this appea! for enhancement of compensation in an injury case te that the learned Tribuna! ought to have awarded interest from the a'ate of application instead of awarding it from the date of order. Having heard the learned counsei for the appe!iant, we have perused the record. in an injury case, learned Motor Accident Cteims Tribunal has awarded compensation as under: 1. Actual expenses in treatment - Rs. 15,000/- Special diet Conveyance Charges Towards pain and suffering Towards expenses for attendant- 2. 3. 4. 5. 6. Rs. 3,000/- Rs. 14,714/- Rs. 50,000/- Rs. 2,000/- Loss towards sustaining frac- ture in both legs 7. Loss towards injury sustained in the head Rs. 35.000/- Rs. 10,000/- Total compensation Rs.1,04,714/- The Tribunal has also awarded interest @ 9% on the above amount from the date of award triil reaiization. We are of the considered oDinion that the learned Tribunal has a!ready awarded in excess of what it ought to have awarded under conventional heads. For instance, compensation of Rs.45,000/- awarded under item Nos. 6 and 7 was wholiy unnecessary since a composite amount of Rs.50,000/- was aiready awarded under itsm No. 4 mentioned above. The interest awarded from the date of order is ateo on the higherside. !n this view of the matter, the praysr made by the iearned counsel for the appellant cannot be accepted. The appea! is accordingiy dismissed at the stage of admission. Sd/- Sd/- ^ Dilip Raosaheb Deshmukh Judge (HBCT-