~%^^/ .4- 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 - claimants € IVIisc Appeal (0 No.696 of 2010 Janardhan Chauhan (now a major) s/o Shri Motilal, aged 17 years (Minor) through his father Motilal, r/o Vilt Bachaipur, PS Nagri LoharidJh, dist : Baliya (UP), presently Santoshi Nagar Birgaon, PS - Urla, Distt Raipur (CG) VERSUS 1 Kazi Abdul Khalid, s/o Jamal Kazi, aged 52 r/o vill Teka, PS Pithoura, dist : Mahasamund, through Smt lla Devi, w/o Jagdish Sahu,vil: Lakhagardh, PS Pithoura, dist: Mahasamund (CG) 2 Smt lla Devi, w/o Jadish Sahu, vil Lakhagardh, PS Pithoura, dist : Mahasamund (CG) 3 Oriental Insurance Company Limited, Branch - Kachahary Chouck, Distt Raipur (CG) Miscellaneous Appeal under Section 173 of MotorVehidesAct Present : Shri Devarshi Thakur and Shri Rishi Sahu, counsel for the appellant. Shri SC Verma, counsel for respondents No.1 and 2. Smt Chitra Shrivastava, counsel for respondent No.3. ORDER (5th August, 2011) / I - " 1. ff ll.;:'-^^^-:..,. ^^ MACNo.696of 2010 The foilowing 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, Raipur (for short 'the Tribunal') vide award dated 26.11.2009, passed in Claim Case No.113/2009. 2) As against the compensation of Rs.4,80,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicies Act, for the injuries sustained by him in the motor accident on 26.07.2008, the Tribuna! awarded a total sum of Rs.15,000/- 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 heid the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration NO.CG-04-ZCB/8141 liable to pay the compensation to the claimant. 4) As the insurer of the offending vehicle Truck 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 motor accident and the amount proved to have been spent on treatment, awarded lump-sum of Rs.15,000/- as compensation to the ciaimant <?? MACNo.696of 2010 ^uiiinrnili ^ 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.15,000/- @ 6% per annum from the date of filing of the claim petition titl the date of actual payment. 6) Shri Shashank Thakur and Shri Rishi Sahu, learned counsel for the appeltant submitted that the Tribunal has erred in awarding low compensation of Rs.15,000/- only, though the appellant/claimant sustained multiple serious injuries including fracture in the motor accident. 7) Smt Chitra Shrivastava, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand supported the award and contended that the compensation of Rs.15,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri SC Verma, learned counsel for respondents No.1 and 2 the driver and owner ofthe offending vehicle Truck also supported the award. 9) Claimant Janardhan Chauhan was aged about 17 years on the date of the accident. He was a student of 11th standard. The claimant sustained fracture in the motor accident is borne out from the evidence avaiiable on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. It is true, that the claimant, being a student may not have suffered any loss of income during the period of treatment. ^^ MACNo.696of 2010 10) The compensation of Rs.15,000/- 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. 11) 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.15,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.15,000/- awarded by the Tribunal. 13) 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 Ctaims Tribunal. 14) No order as to costs. Sd/- Chief Jusdce Sd/- R.N. Chandrakar Judge padma tei