.\ HON'BLE SHRI RANGNATH CHANDRAKAR, J Claimant Krishna Kumar, s/o Janiram, aged about 35 years, r/o vi!lage Sirgitti, Police Station, Tarbahar, Distt Biiaspur (CG) Non-applicants Md Farukh, s/o Abdul Quem, aged about 38 years, r/o near Normal School, Police Station, Tarbahar, Distt Bilaspur (CG) Ali Raja, s/o Late Abdul Aziz, through - Rajdhani Bus Travels, Bus Stand, Biiaspur Distt Bilaspur (CG) Regionaf Manager, Insurance Co. Office, Plaja, Bus Stand, Bilaspur (CG) the Oriental tn front of Rajiv Bilaspur, Distt Present : Shri Samir Singh, counsel for the appellant. Shri Sudhir Agrawal and Shri P Dutta, counsel for respondent No.3. ith (12tnAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. -..-•s'^^^-^-... '^. .^ -..-^ ,^ •:f r®. -*•"& - A •^K-- '.^* . <(1'y' '-SS:Wslf"i" ^^ MACNo.1202 of 2010 •f^. Appellant/claimant Krishna Kumar is seeking enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 07.09.2010, passed in Claim Case No. 111/2010. 2) As against the compensation of Rs.6,78,000/-, claimed by the appetlant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for'the injuries sustained by him in the motor accident on 17.02.2009, the Tribunal awarded a total sum of Rs.1,60,800/- 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 'rt held the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus bearing registration No.CG-15-A/6574 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Bus has not filed any appeal challenging the above finding recorded by the Tribunat, 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 motor accident and the amount proved to have been spent on treatment, awarded Rs.1,44,000/- towards loss of future earning capacity; Rs.5,000/- for pain and suffering; Rs.5,000/- for special diet; Rs.5,000/- for conveyance; and Rs.1,800/- for loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.1,60,800/- as compensation to the claimant for the ^ *~> MACNo.1202 of 2010 injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,60,800/- @ 6% per annum from the date of filing of the claim petition til! the date of actual payment. 6) Shri Samir Singh, learned counset for the appellant referring to para-18 of the impugned award contended that, the Tribunal, though found that the claimant-established the medical expenses to the extent of Rs.8,734/-, surprisingly did not award any sum towards medical expenses; and has erred in awarding low compensation of Rs.1,60,800/- only. 7) Shri Sudhir Agrawal and Shri P Dutta, learned counsel for respondent No.3 the Oriental insurance Company Limited, the insurer of the Bus, on the other hand supported the award and contended that the compensation of Rs.1,60,800/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Krishna Kumar was aged about 35 years on the date of the accident. He was labour by occupatien. The ciaimant sustained multiple serious injuries including fractures in the motor "accident is established from the evidence of AW/2 Dr SS Bhatia. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. The claimant, being a labour couid not have performed his duties as labour on account of the fractures sustained by him in the motor accident, resulting in monitory loss to him. The Tribunal, certainly has erred in not awarding any sumtowards medical expenses. '^''"s'^ y .»••'°% /IA \. ^•^SKS.^ ^'^l-'-' •^•.f.yM' 4 MACN0.12B2 of 2010 --fo& 9) The compensation of Rs.1 ,60,800/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat 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.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,60,800/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/claimant for enhancement ofthe compensation, therefore, is allowed in part. The claimant is awarded further sum ofRs.10,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,60,800/- awarded bythe Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 13) No order as to costs. — Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma