».\ HIGH COURT OF CHHATTISGARH AT BILASPUR D1V1SION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Claimant ResRondents Misc. Appeal (C) No. 324 of 2009 Vijay Gupta, s/o Nathani Prasad Gupta, aged about 25 years, r/o village Lohandiguda, tahsil Jagdalpur, distt. Bastar C.G. VERSUS 1 Sanjay Kumar Gupta s/o late Shri Seetaram Gupta, aged about 25 years, 2 Santosh Kumar Gupta, s/o late Shri Seetaram Gupta, aged about 27 years. Both are residence of village Dhanpunji, thana Nagarnar, Tahsil Jagdalpur, distt. BastarC.G. 3 The National Insurance Company Ltd. near Head Post Office Jagdalpur, distt. Bastar C.G. Appeal under Section 173 of the Motor Vehicle Act Present: Shri Sunil Sahu and Shri Abhishek Sharaf, counsel for the appellant. Shri B.N. Nande and Shri Goutam Khetrapal, counsel for respondent No.3. ORDER rth (071nJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. °^'" '%. fi...,.;£lftii9 ^s:?'1"^"^^®"' ''-'* 3 'say ?i Appellant/claimant Vijay Gupta is seekingenhancement of the compensation awarded by the Motor Accident Claims Tribunal, Bastar at Jagdalpur (forshort 'the Tribunal') vide award dated 02.05.2008, passed in Claim Case No.199/2007. 2) As against the compensation of Rs.38,50,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 03.05.2007, the Tribunal awarded a total sum ofRs.2,13,910/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunalon aclose scrutiny of the entire evidence led before it held National Insurance Company Limited, the insurer of the offending vehicle Toyota Qualis, in which the claimant was travelling, liable to pay compensation to the claimant and the Insurance Company can recover the same from the owner. The Tribunal considering the number and nature ofthe injuries proved to have been sustained by the claimant in the motor accident; the resultant permanent disability; and the amount proved to have been spent on treatment awarded Rs.1,00,000/- towards pain and suffering and pecuniary damages on account of the permanent disability; Rs.1,13,910 towards medical expenses and conveyance. The Tribunal, thus, awarded a total sum of Rs.2,13,910/- as compensation to the claimant forthe injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of ^•^^-^^^ / 2^ compensation of Rs.2,13,910/- @ 7.5% per annum from the date offiling ofthe claim petition till the date of actual payment. 4) Shri Sunil Sahu and Shri Abhishek Sharaf, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; and in awarding low compensation of Rs.2,13.910/- only. 5) Shri B.N. Nande and Shri Goutam Khetrapal, learned counsel for respondent No.3 the National Insurance Company Limited, insurer of the offending vehicle Toyota Qualis, on the other hand, contended that the Tribunal has liberally awarded excessive sum of Rs.2,13,910/- as compensation to the claimant. 6) Claimant Vijay Gupta was aged about 25 years on the date of the accident. He was running a Kirana Shop and was also a Supply Contractor. The claimant sustained fractures of his ribs, left tibia fibula bone and left humerus bone in the motor accident is established from the evidence ofAW2 Dr.V.K.Jha. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the multiple fractures all over his body could not have performed the occupational duties for period of about 4-6 months, resulting in monitory loss to him. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment. 7) Considering all the relevant aspects of the matter, we are of the opinion that further award of lump-sum of Rs.30,000/- \ inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,13,910/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 8) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,13,910/- awarded by the Tribunal. 9) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Claims Tribunal. 10) No order as to costs. Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge J subbu