HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHR1 RAJEEV GUPTA, C.J. HON'BLE SHRISUNIL KUMAR SINHA, J. Appellant Appticant Respondnets Non-Applicants Misc Appeal No.124 ofZOOS Ravindra Nath Sharma, S/o Sudhakar Sharma, Aged about 40 years, R/o Sector - 9, Road No.26, Q No.4/A, Bhilai Nagar, PS Bhilai Nagar, TAhsil and Distt Durg (CG) VERSUS 1 Vehicle Owner and Vehicle Driver, Pushpa Singh, W/o RK Singh, aged about 32 years, R/o Sector -8, Road No.30, Q No.3/A,Bhi!ai Nagar, PS Bhilai Nagar, TAhsil and Distt Durg 2 Vehicle Insurance Company, Regional Manager, The National Insuranee Company Limited, Akash Ganga Complex, Supela Bhitai, Tahsil and Dist Durg (CG) Miscellaneous Appeal underSection 173 of MotorVehtcleAct1988 Present : Shri NS Durandhar, counsel for the appellant. Shri Arjun Yadav, counsel for respondent No.1. Shri Dasarath Gupta, counsel for respondent'No.2. ORDER (11mFebruary,2011) The following order of the Court was passed by Rajeev Gupta, C.J: Appellant Ravlndra Nath Sharma is seeking enhancement of the compensation awarded by the 9th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 19.08.2004, passed inClaim CaseNo.43/2004. 2) As against the compensation of Rs.8,98,406/- claimed by the appellanVelaimant by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 26.02.2002; the Tribunal awarded a total sum of Rs.10,000/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. ; 3) The Tribunal on a closescrutiny of the entire evidence led before it held that claimant Ravindra Nath Sharma sustained multiple serious injuries in the motor accident on 26.02.2002; the accident occurred due to rash and negligent drivjng of the driver of the offending vehicle Sunny Moped bearing registration No.MP-24- EF/1135; as the above offending vehicle Sunny Moped on the date of the accident was insured with theNational Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liabteto 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. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained bythe claimant in the motor accident and the fact that the claimant was treated in the Sector-9 Hospital run by Bhilai Steel Plant, the employer of the claimant, awarded a lump-sum of Rs.10,000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.10,000/- @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 6) Shri NS Durandhar, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.10,000/- only, though the appellant/claimant sustained multiple serious injuries on his head. region and on account of those injuries the vision of his left eye was also adversely affected and he suffered disfiguration also. Learned counsel further submitted that the claimant was operated upon for the injuries on the head region. 7) Shri Dasarath Gupta, learned counsel for respondent No.2 the National Insurance Company Limited on the other hand supported the award and contended that as the claimant not required to pay for his treatment and the medicines, the compensation of Rs.10,000/- awarded by the Tribunal is jusland proper compensation in the facts andcircumstances of the present case. 8) Shri Arjun Yadav, learned counsel for respondent No.1, the dmer-cum-owner of the offending vehicte Sunny Moped also supported the award. "^l .^•••.:'-^n ' S^ ^i^&frl^ s^ 4 9) Claimant Ravindra Nath Sharma on the date of the accident was aged about 40 years. The unfortunate acGident in which the claimantsustained injuries took place in the year 2004. The claimant at the relevant time was working asManager in Bhilai Steel Plant. It is true that the claimant was not required to pay for his treatment, as he was treated in Sector-9 Hospital run by the Claimant's employer Bhilai Steel Plant. Nevertheless, the claimant must have suffered mentally and physically on account of the multiple injuries sustained by him in the .motor accident. The claimant is required to becompensated forthe loss of leave which hewas compelledto take during the period of his treatment. 10) The compensation of Rs.10,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion ison the lower slde 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.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.10,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the presentcase. 12) The appeal filed by the appellant/claimant for enhancement qfthe compensation, therefore, is altowed in part. Theclaimant is awarded furthersumof Rs.15,000/- inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.10,000/- awarded by the Tribynal. I {/yr'v%^ VaS-°Wt 3 f-f^ 13) Respondent No.2 theNational Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerningClaims Tribunal. 14) No order as to costs. padma Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge ^ t.'fc^