;.,3I»S? ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant •^' -. Respondents Non-applicants Misc Appeal (0 No.37 of 2011 Heera Lal Yadav, s/o Guputram Yadav, agSd about 36 years, r/o village Baridih, Chouki - Urga, Police Station Kotwali, Distt Korba VERSUS Dileshwar Singh,s/o Kari:ik Ram Gond, aged about 36 years, r/o village - Fooljhar, Police Station Katghora, Tah & Distt Korba (CG) Sharad Kumar Gobhil,s/o Devprasad Gobhil, r/o Village - Nawagaon, Tahsil Katghora, Distt Korba (CG) Branch Manager, Bajaj Allianz, General Insurance Co Ltd., Branch Office - Shiv Mohan Bhawan, Vidhansabha Road, Pandri Raipur, Distt Raipur (CG) jVliscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Anil Gulati, counsel for the appellant. None for respondents No.1 and 2. Shri SS Rajput and Ms Renu Singh, counsel for respondent No.3. ORDER (14th October, 2011) r ^5BTI!% %. ^ s I 1 Kw¥ A.C.No.37 of 2011 ly The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') vide award dated 09.08.2010, passed in Claim Case No. 14/2009. 2) As against the compensation of Rs.7,50,000/-, 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 14.04.2008, the Tribunal awarded a total sum of Rs.2,56,000/- 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 Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.CG 12 C 1830 liable to pay the compensation to the claimant. 4) 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.2,43,000/- towards loss in the future earning capacity on account of the permanent disability; Rs.5,000/- for pain and suffering; Rs.5,000/- for medical expenses; and Rs.3,000/- for special diet. The Tribunal, thus, awarded a total sum of ,f<F"":-r' ^'./""'"^ M.A.C.No.37 of 2011 ^J^ Rs.2,56.000/- 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.2,56,000/- @ 6% per annum from -the date of filing of the claim petition till the date of actual payment. 5) Shri Anil Gulati, 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 conveyance; and in awarding low compensation of Rs.2,56,000/- only. 6) Shri SS Rajput and Ms Renu Singh, appearing for respondent No.3 the Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Truck on the other hand contended that the Tribunal has liberally awarded excessive sum of Rs.2,56,000/- to the claimant. 7) Claimant Heera Lal Yadav was aged about 36years on the date of the accident. The claimant claimed that he was a driver by occupation, but no driving license was produced before the Tribunal to establish the above occupation of the claimant. The claimant sustained multiple serious injuries including fractures is borne out from the evidence available on record. 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 serious injuries and the fractures sustained by him in the motor accident, could not have performed his duties even if he was working as a labour for a period of 2-3 months resulting in monetary loss to him. L .,.*<'!SSSas5'5>,\\ /^S" ^ ^E £ 1 ^ %B-^ T"" ..• .A.C.No.37 of 2011 r>4 8) The Tribunal has certainly erred in not awarding any sum towards loss of income during the period of treatment and conveyance. 9) In our considered opinion, further'award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,56,000/- awarded by the Tribunal as jast and proper compensation in the facts and circumstances of the present case. 10) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimantis awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,56,000/- awarded by the Tribunal. 11) Respondent No.3 the Bajaj Allianz General Insurance Company is granted three months' time for depositing the total sum of Rs.11,000/- (Rupees eleven thousand only) before the concerning Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma