HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 731 of 2009 Appellant : Mahesh Samundare, s/o Shri Kunjilal Ciaimant Samundare, aged about 55 years, r/o 16 Kholi, Stationpara, Rajnandgaon C.G. » VERSUS 1 Kamal, s/o Makhan Verma, aged about 42 years, r/o Ramnagar, ward No.4, Rajnandgaon C.G. 2 Nationai Insurance Company Limited, Branch Office, Kamthiljne, Rajnandgaon C.G. Respondents Non-appiicants ADpeai under Section 173 ofihe Motor Vehicle Act. Present: Shri Arvind Dubey, counsel for the appellant. Shri Goutam Khetrapal and Shri A.C. Sahu, counsel for respondent No.2. ORDER (19th July, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. Appellant/ claimant Mahesh Samundare is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 29.01 .2009, passed in Claim Case No.75/2008. .,y ,. • ;,. /y ^i* iff w^ %rl 2) As against the compensation of Rs.3,72,000/- 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 12.05.2007, the Tribunal awarded a total sum of Rs.19,260/- 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 National Insurance Company Limited, the insurer of the offending vehicle Bajaj Platinum motorcycle bearing registration No.C.G.-OS 1-1/1276 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle motorcycle 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.10,000/- towards pain and suffering and permanent disability; Rs.8,000/- for loss of income during the period of treatment; Rs.1,000/- for special diet; attendant and conveyance; and Rs.260/- towards medical expenses. The Tribunal, thus, awarded. a total sum of Rs.19,260/- 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.19,260/- ,.^^><-—-«-'.fu,-:.. l h'^ ^ .^ < @ 6% per annum from the date of filing of the claim petition till the date of actualpayment. 6) Shri Arvind Dubey, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.19,260/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident, resulting in permanent disability to the extent of 40%. 7) Shri Goutam Khetrapal and Shri A.C. Sahu, learned counsel for respondent No.2, the National Insurance Company Limited, the jnsurer of the offending vehicle motorcycle, on the other hand, supported the award and contended that the compensation of Rs.19,260/-awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Mahesh Samundare was aged about 55 years on the date of the accident. At the relevant time, he was working as Sweeper in Nagar Nigam, Rajnandgaon getting salary of Rs.1,500/- per month. The claimant sustained fractures of his right tibia and fibula bones is established from the evidence of AW2 Dr. Prakash Bhalerao. It is a matter of common knowledge that substantial ampunt is required to be spent on the treatment of fractures. The claimant on account of the fractures of his right tibia and fibula bones could not have performed his duties as Sweeper for a period of 3 - 4 months resulting in monitory loss to him. ft 9) The compensation of Rs.19,260/- awarded by the Tribunal when examined jn 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.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.19,2607- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe 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.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.19,260/- awarded bythe Tribunal. 12) Respondent No.2 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- beforethe concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- R.N.Chandrakar Judge subbu r^