HIGH COURT OF CHHATTISGARH AT BSLASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appea! (0 No.989 of 2010 AppeSlant Claimant ^.. Respondents •^ Loknath Sahu, s/o Late Motiram Sahu, aged about 19 years, r/o Village Birbira, Post Ganoud, PS& Tahsil Arang, District Raipur (CG) VERSUS Kishan Lal Tamboli, s/o Bala Ram Tamboii, aged about 31 years, Occupation Driver, r/o Near Railway Station Gurudwara, PS & Tahsii Abhanpur, District Raipur (CG) (Driver of alleged vehicle Truck bearing registration No.CG-07 C/1080) Mandip Gandhi, s/o Pritam Singh Gandhi, aged about 31 years, R/o near Gurudwara, Tent House near MG Auto Center, PS Tahsit Abhanpur, District Raipur (CG) ICiCi Lombard <jGenerai Insurance Company LEmited, Lal GangaShopping Compiex, GE Road (Insurer of alleged vehicle Truck bearing registration NO.CG-07C/1080) SVIisceBlaneous Appeal under Section 173 of Motor Vehicies Act Present : Shri CR Sahu and Shri CK Sahu, counsej for the appellant. Shri AL Singraul, counsel for respondent No.1. Shri HS Ahfuwaiia, counsei for respondents No.2 and4. Shri Saurabh Sharma, counsel for respondent No.3. MACNo.989 of 2010 w ORDER ith ^ (13tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, CJ. Appeltant / Ciaimant Loknath Sahu is seeking enhancement of the compensation awarded by the 2nd Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 22.06.2010, passed in Claim Case No. 151/2009. 2) As against the compensation of Rs.8,28,000/-, claimed by the appeilant/claimant, by filing a daim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 28.12.2006, the Tribunal awarded a total sum of Rs.83,300/- as compensation along with interest @ 6% per annum from the date of fiiing of the claim petition till the date of actual payment. 3) The Tribunal on a ctose scrutiny of the entire evidence led before it held the ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicte Truck bearing registration No.CG 07 C /1080 liable to pay the compensation to the daimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal chalienging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunai considering the number and nature of the injuries proved to have been sustained by the claimant in the motor ^s^ MACNo.989 of 2010 Q. £:. accident and theamount proved to have been spent on treatment, awarded Rs.74,300/- towards medical expenses; Rs.5,000/- for grievous injuries sustained by the claimant in the motor accident; Rs.3,000/- for loss of income during the period of treatment; and Rs.1,000/-for special diet. The Tribunal, thus, awarded a total sum of Rs.83,300/- 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.83,300/- @ 6% per annum from the dateoffiling ofthe claim petition till the date of actual payment. 6) Shri CR Sahu and Shri CK Sahu, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards conveyance and attendant; and in awarding low sum of Rs.1,000/- and Rs.3,000/- only towards special diet and loss of income during the period of treatment; and in awarding totai compensation of Rs.83,300/- only. 7) Shri Saurabh Sharma, learned counset for respondent No.3 the ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicie Truck on the other hand supported the award and contended that the compensation of Rs.83,300/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri AL Singraul, learned counsel for respondent No.1 and Shri HS Ahluwalia, learned counsel for respondents No.2 and 4, the driver and owners of the offending vehicle Truck also supported the award. ^^l^fe%^^\ /^s^ I? 1 1 ^.. ^..^' :?•«?•'" 4 MACNo.989 of 2010 ^ 9) Claimant Loknath Sahu was aged about 19 years on the date of the accident. Though he claimed that he was working as Mason, in fact, it appears that he was only a labour by occupation. The claimant sustained multipie serious injuries inciuding fractures in both the legs 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 bills and vouchers produced by the claimant before the Tribunat in regard to the medical expenses were to the extent of Rs.74,254.39 ps and the Tribunal has awarded Rs.74,300/- towards medical expenses. The ciaimant, being a labour, on account ofthe fractures of both his legs, could not have performed his duties as labour for a period of 3-4 months resulting in monitory Joss to him. 10) The Tribunal certainly has erred in not awarding any sum towards conveyance and attendant; and in awarding low sum of Rs.1,000/- and Rs.3,000/- only towards special diet and loss of incomeduring the period oftreatment. 11) The compensation of Rs.83,300/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is spmewhat on the lower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.83,300/- awarded by the Tribunal as just ...^*^ :,^.^,^ •'y-.^ . '" '' ^ I 1 .^^^—-^^ ^ MACNo.989 of 2010 and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appeilant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.83,300/- awarded by the Tribunal. 14) Respondent No.3 the ICiCI Lombard General Insurance Company is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunai. 15) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma