o^ Claimani Prabhu Ram s/o Ajab Ram Sahu, aged about 35 years, r/o. village Navagaon Kandet, tahsil : Dhamtari C.G. Non-applicants Khilawan Diwan s/o. Jaisingh Diwan, aged about 22 years, r/o. village : Kurud Panduka Raipur, police station : Rajim, at present r/o. Laxmi Nagar, Tikrapara, Raipur, district Raipur C.G. Drlvsr of ths oifsndiHy vshlclQ 2 IVI/s. Anup Jewelers, Budapara, Sadar Bazar, Raipur, district RaipurC.G. Owner of the offending vehicle 3 National Snsurance Company Limited, iranch No.1, Naveen Bazar, Raipur, G.E. Road, Raipur, district Raipur C.G. Insurerofthe offendina vehicle Present : Shri PK Patei, counsel for the appellant. Shri G.V.K. Rao, counsei on behalf of counsel for responcient No.3. (2"dSeptember,2011) The foliowina order of the Court was t- (\^/ MACNo. 1058 of 2010 Appellant/ claimant Prabhu Ram is seeking enhancement of ion awarded by the Motor Accident Claims Tribuna!, short 'the Tribunal') vide award dated 14.05.2010, aim Case No.74/2009. the comp< Dhamtari (for passed in Ciai 2) As against the compensation of Rs.8,00,000/-, claimed the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on14.03.2009, the Tribunal awarded a total sum of Rs.37,150/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the 3) The Tribunal on a close scrutiny of the entire evidence led )efore it held the National Insurance Company, the insurer of the offending vehicle Honda City Car bearing registration No.HR/26 G/5977 liabie to pay the compensation to the ciaimant. 4) As the insurer of the above offending vehicle Honda City Car has not filed any appeal chaltenging 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 tp have been spent on treatment, awarded Rs.17,147/- towards medical expenses; Rs.10,000/- towards pain and suffering; and Rs.10,000/- for loss of income and ioss in the future earning capacity. The Tribunal, thus, assessed the total compensation at Rs.37,147/-, which was rounded off to ^•SSSSa. 1^ ^y MACNo. 1058 of 2010 Rs.37,150/- and was awarded to the ctaimant 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.37,150/- @ 6% per annum from the date of Tiling of the claim petition till the date of actual payment. 6) S'nri PK Patel, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards special diet, attendant, conveyance; and in awarding low compensation of Rs.37,150/- only. 7) Shri GVK Rao, appearing on behalf of Shri Q Aziz, learned counsel for respondent No.3 the Nationa! Insurance Company Limited, the insurer of offending vehicle Honda City Car, on the other hand supported the award and contended that the compensation of Rs.37,150/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Prabhu Ram was aged about 35 years on the date of the accident. He was working as Motor Rewinder at the relevant time. The claimant sustained multiple serious injuries including re in the motor accident is borne out from the evidence available cn record. The claimant on account of the fracture sustained by him in the motor accident could not have performed his duties as Motor Rewinder for a period of 4-6 months resulting in monitory loss to him. ?) The Tribunal has certainly erred in not awarding any sum towards attendant, special diet and conveyance. MACNo. 1053 Qf 2010 10) The compensation of Rs.37,150/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinlon, is on the lower side and deserves to be enhanced suitablv. 11) Considering ail the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.37,150/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/ciaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.37,150/- awarded by the Tribunal. 13) Respondent Mo.3 the National insurance Company is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning C!aims Tribunal. 14) No order as to costs. —- Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma