s HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI N.K. AGARWAL, J. hflisc. Appeal (Cl No. 210 of 2006 Appellant : Smt. Heera Bai, widow of Sheetal Claimant Das Manikpuri, aged about 36 years, Profession-posses fancy store, r/o Mahapara, Aarang, Tahsil Aarang, district Raipur C.G. VERSUS Respondents Om Prakash Rotiya, aged about 35 years, s/o Ramsingh Rotiya, (commanderjeep driver), r/o Basant Nagar, Basna, district Mahasamund C.G. Daljeet Singh Taleja, s/o charan Singh Taleja, (commanderjeep owner), r/o New Bus Stand, Basna, P.S. Basna, district Mahasamund C.G. The Oriental Insurance Company Ltd., through the Divisional Manager, Kachahari Chowk, Jail Road, Raipur, C.G. MEMORANDUM OF APPEAL UNDER SECTION 173 OF-THE MOTOR VEHICLES ACT Present: Smt. Somshukla Sarkar, counsel for the appellant. Shri A.K. Athaley and Shri Raj Awasthi, counsel for respondent No.3. ORDER ith (10InlVlay,2011) 1 ...""^A. " /'^s^'\ ^. i y "%»-.'i The following order of the Court was passed by Rajeev Gupta, C.J. AppellanV Claimant Smt. Heera Bai is seeking enhancement of the compensation awarded by the 10 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 25.02.2006, passed in Claim Case No.50/2005. 2) As against the compensation of Rs.9,60,000/- claimed by the appellant/ claimant by filing a claim petition under Section 166 ofthe Motor Vehicles Act for the injuries sustained by her in the motor accident on 04.05.2004, the Tribunal awarded a total sum of Rs.31.412/- as compensation along with interest @ 6% per annum in the event of the insurer's failure to deposit the amount of compensation within one month ofthe passing ofthe award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Smt. Heera Bai sustained multiple serious injuries in the motor accident including fracture of her wrist joint on 04.05.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.C.G.06/ZD-2215; as the above offending vehicle Jeep on the date of the accident was insured with the Oriental 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. 6 •vi3ssS% ^. - ^ "'StaS^' 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.11,412/- towards medical expenses; Rs.10,000/- towards loss in the future earning capacity; Rs.5,000/- towards special diet and attendant; and Rs.5,000/- towards pain and suffering. The Tribunal, thus, awarded a total sum of Rs.31,412/- as compensation to the daimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.31,412/- @ 6% per annum in the event of the insurer's failure to deposit the amount of compensation within one month ofthe passing ofthe award. 6) Smt. Somshukla Sarkar, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation ofRs.31,412/-only. 7) Shri A.K. Athaley and Shri Raj Awasthi, learned counsel for respondfent No.3 the Oriental Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.31,412/- awarded by the Tribunal is just and proper compensation in the facts ahd circumstances of the present case. »,\ !wy 8) Claimant Smt. Heera Bai was aged about 36 years on the date of the accident. She was Proprietor of a Fancy Store. The claimant sustained multiple serious injuries including fracture of her wristjoint is established from the evidence ofAWS Dr. G.S. Bachhu. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. The claimant on account of the fracture of her wrist joint could not have performed her duties in her fancy store for a period of about 3 - 4 months, resulting in monetary loss to her. It is true that the disability certificate Ex.P/1 was issued by AW3 Dr. G.S. Bachhu on 16.06.2005 i.e. after more than one year of the accident which took place on 04.05.2004. 9) The compensation of Rs.31,412/- awarded by the Tribunal 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. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.31,412/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeat filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.10,000/- inclusive of ^: interest component on the enhanced amount of compensation in addition to the sum of Rs.31,412/- awarded by the Tribunal. 12) RespondentNo.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 13) No order as to costs. — Sd/- Chief Justice Sd/- N.K. Agrawa! Judge nimmi