•^ass^ / HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. ^ nflisc. Appeal (Cl No. 21 of 2010 Applicant : Duleshwar @ Dulesh Sahu, s/o Claimant Chetanlal Sahu, aged about 30 years, r/o Nayapara, Balod, tahsil -Balod, district Durg C.G. VERSUS Respondents 1 Aarumuyam, s/o Pureswami, aged non-claimants about 33 years, r/o 23, West Street, Ammampali, P.0. Attur, police station Attur, district Salem (Tamilnadu) (Driver of vehicle Compressor bearing registration No. A.P. 25/J/8181) 2 M/s Laxmi Narsimha Borwels, Pro. S. Ravinder Reddy, r/o Plot No. 47, Maruti Nagar, Kanteshwar, district Nizamabad (Tamilnadu) (Registered owner of vehicle Compressor bearing registration No. A.P.25/J/8181) 3 The New India Insurance Company Ltd. Through Divisional Manager, Divisional Office, Power House Bhilai, districtDurg C.G. (Insurer of vehicle Compressor bearing registration No. A.P. 25/J/8181) nflemo ofappeal under Section 173 of IVIotor Vehicle Act Present: Shri Dharmesh Shrivastava, counsel for the appellant. Smt. Chitra Shrivastava, counsel for respondent No.3. .^i.-SSS'".^ ^""^Ba^\, M.A.CNo.21 of 2010 ORDER •th (16mSeptember,2011) 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 Additional Motor Accident Claims Tribunal, Balod, district Durg (for short 'the Tribunal') vide award dated 12.12.2008, passed in Claim Case No.02/2007. 2) As against the compensation of Rs.10,41,000/- claimed by the appellant/daimant, by filinga claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 07.06.2006, the Tribunal awarded a total sum of Rs.1,24.623/- 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 New India tnsurance Company Limited, the Mnsurer of the offending vehicle Ashok Leyland Rig-mounted Heavy MotorVehicle bearing registration No.AP-25J/8181, liable to.pay compensation to the claimant. 4) As the insurer of the above offending vehicle 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 M.A.C No. 21 of 2010 motor accident and the amount proved to have been spent on treatment, awarded Rs.85,000/- towards loss in the future earning capacity; Rs.26,623/- towards medical expenses; Rs.8,000/- for loss of income during the period of treatment; Rs.3,000/- for special diet; Rs.2,000/- for conveyance; and Rs.2,000/- for attendant. The Tribunal, thus, awarded a total sum of Rs.1,24,623/- (there is an apparent calculation mistake as the total of the above sums would come to Rs,1,26,623/-) to the claimant as compensation 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.1,24.623/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.2,000/-; Rs.2,000/-; and Rs.3,000/- towards attendant; conveyance; and special diet respectively; and in awarding low compensation of Rs.1,24,623/- only. 7)'' Smt. Chitra Shrivastava, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle, on the other hand, supported the award and contended that the compensation of Rs.1,24,623/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Claimant Duleshwar @ Dulesh Sahu was aged about 30 years on the date of the accident. He y/as working as Supervisor ')-.. M.A.CNo.21 of 2010 in Maheswari Krishi Kendra, Balod. The claimant sustained multiple serious injuries including fractures in the motor accident 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 fractures sustained by him in the motor accident could not have performed his duties for a period of 2-3 months, resulting in monitory loss to him. 9) The compensation of Rs.1,24.623/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly 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. 15,0007- inclusive of interest component on theenhanced amount of compensation and also by giving effect to the totaling mistake by the Tribunal would make the compensation of Rs.1,24,623/-awarded by the Tribunal as just and proper compensation in the facts and 'drcumstances of the present case. 11) The appeal filed by the appellant/claimant for enhancement of th& compensation is allowed in part. The claimant is awarded further sum of Rs.15,000/- I'hclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,24.623/- awarded by the Tribunal. ^- ^ p M.A.CNo.21 of 2010 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. • Sd/- Chief Justice Sd/- R.N.Chandrakar Judge nimmi