HI COURT OF CHHATTISGARHV AT BILASP Di w HN’BLE SHRI RAJEEV GUPTA C J HON’BLE SHRI SUNIL KUMAR SINHA J CORAM Misc. Aggeal am of 2004' Mohd Yunus Shanf S/o Sn Ahsan >UHah Shanf aged about 46 years ' represented herby father Ahsan Ullah aged about 42 years R/o Barran Bazar~ Raipur(CG Appeliant Ciaimant , VERSUS Smf Najneen Bano, W/o Masud Husan Raja Ta!ab — Raipur (CG) The Oriental Insurance Company Limited City Branch Office — No 348 Church Street Bangaiore through Divasmnal Manager DivaSIonal Offace Kachaharr Chowk Jarl Road Rarpur (CG) Resgondents Non-aggiicants MisceuaneausApQeal under Sectin 173 0f Motor s Act Present Shn AL Smgraui, counsei for the appellant. I Shri AK Athaiey, counsel for respondet No.2. DER (18th March, ’20’11) Te following order 'of the Court was passed 'by Ra}eev Gupta, C.J. Appellantf Claimant: ~‘Mohd ‘Yunus Sharlf ls seekmg enhancement of the compensation awarded by the First Addltlonal f .w wame‘ GH UR VlSION BENQH O N ) \ , e Vehicle n OR h Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 04.09.2003, passed in Ciaim Case No.92/2002. 2) .As against the compensation of Rs.13,00,000/—, ciaimedi‘by the appellantlciaimant, by filing a. claim petition under Section 163-A of the Motor Vehicles Act, for the injuries sustained yby him in the motor accident on 08.042002, the Tribunal aWarded a total sum of Rs.44,4201"— 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 Mohd Yunus Sharif, a boy of about 16 years sustained multiple serious inturies in the motor accident on 03.042002; the accident occurred when claimant’s uncte Mohd Layak Hussain was driving the Maruti Car bearing registration ‘No.KA-03§Mf5485; as the above Maruti Car on the date of the accidentwas tnsured with the Qriental insurance Company Limited and the insurance Company could not establish‘any breach of the policy conditions, the lnsurance Company was liable to pay the compensation to the claimant. V, 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 in the*motor accident and the amount proved to have been spent on’treatment, awarded Rs.34,419!— towards medtcal expenses; and Rs.10,000/— towards I - ' .r ‘ \ pain and suffering and loss of studies of the ciaimant. The Tribunai, thus, awarded a total sum of Rs.44,419/— which was rounded off to Rs.44,420/— as. compensation to the ciaimant for the injuries sustained by him in the motor accident. The Tribunai further directed payment of interest on the above amount of compensation a of Rs.44,420/— @ 6% pervannum from the date of filing of the claim petition tiii the date of actuai payment 6) Shri AL Singraui, learned counsel for the appellant submitted that the Tribunal has erred int awarding low compensation of ‘ - Rs.44,420/— only, though the appellant/claimant sustained multiple serious injuries including fractures in/the motor accident. 7) Shri AK‘Athaley, teamed counsel for respondent No.2 the Oriental insurance Company Limited, the insurer of the Maruti Car in which the appellant wastravelling on the other hand supported the award and contended that the compensation of Rs.44,420/- awarded by thejTribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Mohd Yunus Sharif was aged about 16 years on the date of the accident. He- was a student of 10‘“ standard. He sustained multiple fractures is established from the evidence available on record. it is a matter of common i<noWledge that. substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures must have suffered physically and mentally for a period of about 4—6 months. The Tribunal has certainly erred in not awarding any sum towards e .special diet, attendant and conveyance. 9) The compensation of Rs.44,420/— awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion is on the lower side‘and deserves to be enhanced suitably. 10) Considering eii the relevant aspects of the matter, we are 0f the opinion that ‘further award of Rs.15,DOO/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.44,420/— awarded by the Tribunal as just and proper compensation in the facts and circumstancbee of the present case. 11) The appealtfiled by the appellant/claimant for enhancement of the compensation! therefore, is allowed in part. The claimant is y awarded further sum of Rs.15,00D/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.44,42o/— awarded by‘the Tribunal. 12) ReepondentNo2 the Oriental insurance Company Limitedis granted three months’ time for depositing the total sum of Rst 5,000/— before the concerning Claims Tribunal. 13) No order as to costs. I ,1 sar— V ' Sunii Kumar $tnha K Sd/— » ’4 4 is l Chief Justice x -pa g Tl ‘t Judge /’,-:V\ q \\/‘ .