Claimant HIGH COURT OF CHHATTISGARH : BILASPUR r SINGLE BENCH: HON'BLE SHRI R.L.JHANWAR. J. Misc.Appeal No. 1228/2004 Lakhan Lai Sahu aged about 36 years s/o Shri Maniklal Sahu, R/o village Ramtala, Tah. Pandaria, District KaWardha (CG) VERSUS RESPONDENTS : 1 Santosh Sahu aged about 25 years s/o Non-claimants Heera Lsl Sahu, R/o Kailash Nagar, Kawardha Tah and District Kawardha (Driver of Truck No. MPT 8998) 2 Anurag Singh aged about 35 years, s/o Ramadhar Singh Thakur, Rio Kawardha Correspondentof daily Hari Bhumi, Bus Stand Kawardha, Tah and Distict Kawardha (CG) (Owner of the truck No. MPT 8998J 3 The Branch Manager, Oriental Insurance Company Ltd. In frontof High Court Bilaspur (CG) MISC. APPEAL UNDERSECTION 173 OF THE MOTOR VEHICLES ACT, 1988 Appearance: Shri M.K. Bhaduri and Smt. Rahi Pathak, counsel for the appellant. None for respondent No.1. Shri Vivek Verma, counsel for respondent No.2. Shri A.K. Athaley, counsel for respondent No.3. -».-"\— ORDER R.L.Jhanwar, J (Passed on 318.08.2010) t^~ ^-1\°\'^-^\6 1. This is claimant's appeal seeking enhancement of compensation awarded by Additional Motor Accidents Claims Tribunal, Bilaspur (forshort 'the Tribunal') in claim case No.63/2002 vide award dated 13.8.2004. 2. As against the compensation of Rs.3,07,000/-, claimed by the appeliant/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 5.5.2002, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 6% per annum frotn the date of filing ofthe claim petition till the date ofactual payment. 3. The Tribunal on close scrutiny of the evidence led before it, held that claimant Lakhanlal Sahu sustained injuries in the motor accident on 5.5.2002; the accident occurred due to rash gnd negligent driving ofdriver of the Truck bearing registration No. MPT 8998; as the above Truck on the date of accident was insured with respondent No.3/0rientai Insurance Company Limited, respondent No.3 was liable to pay compensation to the claimant. As the respondents have not flled any appeal against the award, the above findings recorded by the Ctaims Tribunal now attained finality. 4. The Tribunal, considering the nature and number of injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on the treatment accepted the pieading of the claimant and awarded Rs.50,000/- lump sum for the injuries sustained by him in the motor accident along with interest @ 6% per annum from the date of filing of theclaim petition till the date of actual payment. i, 1 'fi-% 1 ^' ,'?-; 5. Learned counsel for the appellant/claimant submitted that the Tribunai has erred in awarding low compensation of Rs.50,000/- only thought the claimant has suffered too much; there is fracture of his right tibia fibuta bone and due to that he suffered loss in business, as he could not move after the plaster and there is 25 % disability. He has exhibited document Ex. A/7. He has also examined Dr. G.L. Arora, who found 25 % disability. 6. No doubt, there is a fracbjre of his right tibia and fibula bone and he has suffered pain and suffering on account of those injuries. Considering these factors.it is clear that the amount awarded by the Tribuna! is certainly on the lower side. 7. Taking into consideration, al! the relevant factors including the nature of injuries and 25 % disability sustained by him in the motor accident; the monetary loss the claimant suffered due to disability, 1 am of the opinion that further award of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation witl make the compensation of Rs.50,000/- awarded by the Tribunal as just and proper compensation in thefacts and circumstances ofthe present case. 8. The appeal filed by the appellant/claimant Tor enhancement of compensation, therefore, is allowed in part. The appellant /ciaimant 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.50,000/- awarded by the Tribunal. 9. Respondent No.3- Oriental Insurance Company Limited is granted three months time for depositing the total sum of Rs.30,000/- before the concerning Ctaims Tribynal. No order as to costs. Sd/- R-L. Jhanuvar Judge