..•:yasi HIGH COURT OFCHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No.848 of 2009 Appellant Claimant Respondents Kumar Tandi S/o Panna Tandi, aged about 15 years, through guardian father Panna Tandi, R/o Camp-1, Shankar Nagar, P.S.-Chhavni, Tehsil & District - Durg (C.G.) VERSUS Jogendra Singh S/o Darshan Singh, aged about 50 years, R/o Muktidham, Behind Mehmancoal Depot, P.S.-Chhavni, Tehsil & District-Durg(C.G.) Taranjeet Singh Kabarwal S/o Shri Surendra Singh Kabarwal, R/o Kabarwal Service Centre, G.E. Road, Durg, Tehsil & District - Durg (C.G.) The New India Insurance Company Limited, through Divisional manager, Power House, Bhilai, Tehsil & District - Durg (C.G.) "Misc. Ap^eaLynder Section 173 of the Motor Vehicle Act. Present: Shri RK Pali, counsel for the appellant. Shri SreekumarAgrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER ith (14'"July,2011) The following order of the Court was passed by Rajeev Gupta, C.J. .?•.,.. A'f. .:.:,. "a i S h.^SsSh 8 iii 'sgy-i. | .^' ^ ^ 'i.-y'' Appellant/ Claimant Kumar Tandi is seeking enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 16.01.2009, passed in Claim Case No.57/2008. 2) As against the compensation of Rs.4,35,000/- 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 the motor accident on 21.07.2007, the Tribunal awarded a total sum of Rs.1,20,665/- as compensation along with interest @ 6% 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 that claimant Kumar Tandi sustained multiple serious injuries including fractures of his Pelvic Bone in the motor accident on 21.07.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tanker bearing registration No.C.G.-O? C/1872; as the above offending vehicle Tanker on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, 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. I • 's ^ ^ 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.54,664/- towards medical expenses; Rs.12,000/- towards attendant; Rs.10,000/- for loss of studies for one year; Rs.5,000/- for pain and suffering; Rs.9,000/- for special diet; Rs.3,000/- for conveyance; and Rs.27,000/- for loss of future earning capacity on account of the permanent disability suffered by the claimant in the motor accident. The Tribunal, thus, awarded a total sum of Rs.1,20,665/- 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.1,20,665/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri RK Pali, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,20,665/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident leading to loss of one year studies of the ctaimant who was a student of 8 standard. 7) Shri Sreekumar Agrawal, learned Senior Counsel with Shri Anand Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending yehicle Tanker, on the other hand, supported the award and contended that the compensation of Rs.1,20,665/- awarded by I, , k' '- ^ ti the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Kumar Tandi was aged about 15 years on the date of the accident. He was a student of 8 standard. Though the claimant stated that he used to assist his father in his business, no cogent and reliable evidence was led before the Tribunal for establishing any definite and regular income of the claimant. The claimant sustained fracture of his Pelvic Bone in the motor accident is established from the evidence of AW/3 Dr Shailesh Verma. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant suffered loss of studies for one year is not in dispute. 9) The compensation of Rs.1,20.665/- 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 to some extent. 10) Considering all the relevant aspects of the matter, we are oT 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.1,20.665/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded furthersum of Rs.30,000/- inclusive of . i^- "-\ tr-^ interest component on the enhanced amount of compensation in addition to the sum of Rs.1,20,665/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30.000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- ChiefJustsce Sd/- Rangnath Chandrakar Judge padma i