HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 425 of 2009 Appellant Claimant Respondents Non-claimants Shri Sewak Ram Nirmalkar, s/o Hagruram Nirmalkar, aged about 60 years, r/o village - Durga Chowk, Mathpurena, Raipur, Tehsil & District Raipur (CG) VERSUS Shri Gopal Dhruv, s/o Shri Shyamu Dhruv, r/o village - Kamroud, Police Station & Tehsil - Kurud, District Dhamtari (CG) Shri Shukul Ram, s/o Shri Chaituram, r/o village - Kamroud, Police Station & Tehsil - Kurud, District Dhamtari (CG) The New India Insurance Company Limited, through Branch Manager, Branch Office, Madina Building, Jail Road, Raipur District Raipur (CG) Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri Dharmesh Shrivastava, counsel for the appellant. Shri Shivendu Pandya, counsel for respondent No.3. ORDER (21st September,2011) The following order of the Court was passed by Rajeev Gupta, C.J. ..^" f^ 11. '^ 3%^. § ^ ^ ^,^ MAC.No. 425 of 2009 Appellant/ claimant Sewak Ram Nirmalkar is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 01.04.2008, passed in Claim Case No.80/2007. 2) As against the compensation of Rs.6,00,000/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 20.04.2007, the Tribunal awarded a total sum of Rs.28,750/- 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 the New India Insurance Company Limited, the insurer of the offending vehicle Tractor-Trolley bearing registration Nos. C.G.- 05 A -9474 and C.G.- 05 A -9475, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Tractor-Trolley has not filed any appeal challenging 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 to have been spent on treatment, awarded Rs.12,000/- towards grievous injuries sustained by the claimant in the motor accident, loss of amenities MAC.No. 425 of 2009 (Zft of life and depression and harassment; Rs.5,000/- formedical expenses; Rs.3,750/- for loss of income during the period of treatment; Rs.3,000/- for pain and suffering; Rs.2,000/- for attendant; Rs.1,500/- for special diet; and Rs.500/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.28,750/- (though the total of the above mentioned sums comes to Rs.27,750/- only) 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.28,750/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.500/-, Rs.1,500/-, Rs.2,000/-, Rs.3,000/- and Rs.3,750/- towards conveyance, special diet, attendant, pain and suffering and loss of income, respectively; and in awarding low compensation of Rs.28,750/- only. 7) Shri Shivendu Pandya, learned counsel for respondent No.3 the New India InsuranceCompany Limited, on the other hand, supported the award and contended that the compensation awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Sewak Ram Nirmalkar was aged about 60 years on the date of the accident. He was a Hamal by occupation. The claimant sustained multiple serious injuries including fracture of his ribs is established from the evidence available on record. The ,^£s^,.. ..^' .,..!'-~';<fc '""'^ ^' ^[ "^ ^- -1 '•U<£IE®.i; ^ MAC.No. 425 of 2009 claimant on account of the fracture of his ribs could not have performed his duties as Hamal for a period of about 4-6 month, resulting in monitory loss to him. 9) The Tribunal certainly has erred in awarding low sum of Rs.500/-, Rs.1,500/-, Rs.2,000/-, Rs.3,000/- and Rs.3,750/- towards conveyance, special diet, attendant, pain and suffering and loss of income during the period of treatment. 10) Considering all the relevant aspects of the matter and the above mentioned broad features of the case, we are of the opinion that further award of Rs.15,000/- inclusiveof interest component on the enhanced amount of compensation would make the compensation 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 further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.28,750/- awarded by the Tribunal. 12) Respondents No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning CIaims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu