HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. ‘ NLA. N0. 280 of 2005 MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri Sushil Sahu, learned counsel for the appellants. i Shri Shree Kumar Agrawal, learned Senior Counsel with Shri G.V.K. Rao, learned counsel for respondent No.3. “T “EMTI Appellants 1. Smt. Jyotsna Bairagi aged about 29 (Original Appncants) years, w/o shri LD. Bairagi r/o. Aadarsh Nagar, Quarter No. B/170, Kusmunda, The. Katghora, distt. Korba (C.G.) ’ 2; Shri LD. Bairagi, s/o shri R.D. Vaishnav aged about 34 years, R/o Aadarsh Nagar, Qumter No. B/170, Kusmunda, The. Katghora, distt. Korba C.G. VERSUS Respondents 1. Banshilal Yadav, aged about 45 (Original Non- yearsvx slo Budhram Yadav, applicants) occupation Truck Driver, r/o VIII. Lobrota, P.S. Katghora, distt. Korba (C.G.) 2. Rajkumal Agrawal, aged not known, Truck Owner, s/o Shri Chhotelai AgrawaL R/o Main Road Korba, P.0r Korba, Teh. & distt. Korba (C.G.) 3‘ United lndia insurance Company Ltd. through Branch Manager, Branch Office, Rajendra Nagar Chowk, Bilaspur Teh. & distt. Bilaspur, C.G. ORDER (10m January, 2011) The fouowing order of the Court was passed‘ by Rajeev Gupta, C.J. The appellants are seeking enhancement of the compensation awarded by the Motor Accident Claims Tribdnat, Korba (for short *the Tribunal’f vide award dated 25.11.2004, passed in Claim Case No.18/2004. 2) As against the‘comp‘ensation of Rs.7,70,000/- claimed by the appeiiants/ claimants jointly, by filing a joint claim petition for the injuries sustained by them in the motor accident on 08.12.2000, the Tribunal awarded compensation of Rs.73,000/— to appellant No.1 Smt. Jyotsna Bairagi and Rs.2,000/— to appellant No.2 Shri l.D. Bairagi along with interest @ 9% per annum on the insurer‘s ~ failure to pay the compensation to the claimants within one month of the passing of the award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimants Smt. Jyotsna Bairagi and Shri l.D. Bairagi sustained multiple injuries in the motor accident on 08.12.2000; the injuries and fractures sustained by claimant Smt. Jyotsna Bairagi in the motor accident resulted in permanent disability to the extent of 30%; the accident occurred due to rash and negligent driving of‘the driver of the offending vehicle Truck bearing registration No.M.P.L.-431 1; as the above offending vehicle Truck, on the date of the accident was insured with the United India insurance Company Limited and the Insurance Company could not ”i 7/”://i ’7 ‘ ‘ r establish any breach of the policy conditions, the insurance Company was liable to pay compensation to the claimants. 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 nature of the injuries proved to have been sustained by the claimant smt.’ Jyotsna Bairagi in the motor accident and the resultant permanent disability to’the extent of 30%, awarded Rs.48,000/- towards permanent disability; Rs.5,000/— for pain and suffering; Rs.20,000/- for loss of future amenities. The Tribunal, thus, awarded a total sum of Rs.73,000/- as compensation to claimant Smt. Jyotsna Bairagi for the injuries sustained by her in the motor accident. As the injuries sustained by claimant Shri LD. Bairagi were found to be simple in nature, a sum of Rs.2,000/— was awarded as compensation. The Tribunal did not award any sum towards medical expenses either to claimant Smt. Jyotsna Bairagi or to claimant Shri l.D. Bairagi as it had come in the evidence of the witnesses examined by the claimants themselves that the entire amount spent on treatment was reimbursed by S.E.C.L., the employer of claimant Shri l.D. Bairagi. The Tribunal directed payment of interest on the compensation awarded @ 9% per annum in the event of the insurer’s failure to deposit the compensation within one month of the passing of the award. ”l 6) Shri Sushil S'ahu, learned counsel for the ‘appellants submitted that though compensation of Rs.2,000/- awarded by the Tribunat to appeltant No.2 Shri LD. Bairagi is just and proper compensation; the compensation of Rs.73,000/— awarded to claimant Smt. Jyotsna Bairagi is too low in oomparison to the serious nature of the injuries sustained by her in the motor accident, 7) Shri Shree Kumar Agrawal, learned Senior Counsel with Shri G.V.K. Rao, learned counsel for respondent No.3 — the United India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.73,000/— awarded by the Tribunal to claimant Smt. Jyotsna Bairagi is just and proper compensation in ther‘facts and circumstances of the present case. 8) The compensation of Rs.2,000/— awarded by the Tribunal to claimant Shri l.D. Bairagi considering the nature of the injuries found to have been sustained by him in the motor accident, in our opinion, is just and proper compensation and does not call for any enhancement in this appeal. 9) Claimant Smt. Jyotsna Bairagi was aged about 3O years on the date of the accident; the evidence of AW‘l Dr. R.S. Dheer and AW2 Dr, G.L. Arora establishes beyond any shadow of doubt that claimant Smt. Jyotsna Bairagi sustained fracture of her left leg in the motor accident and thesame resulted in permanent disability to the extent of 30%. The contents of the disability certificate (EXP/7) ,/r‘ 5‘ >1 a/T " \ \ issued by the Medical Board, Bilaspur also establishes the above fact. Claimant Smt. Jyotsna Bairagi on account of the fracture of\ her left leg must have suffered mentally and physically for a period of about 4—6 months. 10) The compensation of Rs.73,000/— awarded by the Tribunal to claimant Smt. Jyotsna Bairagi when examined in the context of the above—mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.73,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) For the foregoing reasons, the appeal filed by the appellants/ claimants for enhancement of the compensation, therefore, is allowed in part. While maintaining the compensation of Rs.2,000/- awarded by the Tribunal to claimant Shri l.D. Bairagi, we award further sum of Rs.21,000/— inclusive of interest component on the enhanced amount of compensation to ciaimant Smt. Jyotsna Bairagi, in addition to‘the sum of Rs.73,000/- awarded by the Tribunal. r @ 13) Respondent No.3 the United lndia Insurance Company Limited is granted three months’ time for depositing the total sum of R321 ,OOOI- before the concerning Claims Tribunal. “i P? 14) No order as to costs; " Sd/- Sd/— . \ Sunil Kumar Sinha Chief Justice - r l i Judge sUbbu