^^ HIGH COURTOF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. hflisc. Appeal (C) No. 02 of 2009 Appellant : Arun Kumar Singh, s/o Mudirka Applicant Prasad, @ Durga Prasad, Cast Bargah, aged about 14 years minor represent through his father - Mudrika Prasad @ Durga Prasad, r/o Village Nipania (Bilha) District Bilaspur (CG) VERSUS Respondents 1 Ramkrishan Yadav, s/o Mohitram Non-applicants Yadav, aged about 26 years r/o village Bartori, P.S. Bilha, district Bilaspur C.G. (Driver of vehicle bearing NO.C.G.10/ZA-0774) 2 Amit Kumar Gupta s/o Shri Arun Kumar Gupta, aged about 25 years, r/o village Bilha, P.S. Bilha, district Bilaspur C.G. (Owner of vehicle bearing NO.C.G.UO/ZA-0774) 3 Branch Manager, the New India Insurance Company Ltd., Branch Office, near Bus Stand Bilaspur, district Bilaspur C.G. IVIemo of appeal underSectjon 173 of hflotor Vehicle Act Present: Shri R.K. Jain,counsel for the appellant. Shri Akhilesh Kumar, counsel on behalf of Shri Deepak Gupta, counsei for respondent No.3. MACNo.02 of 2009 .^ ORDER ith (24mAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Arun Kumar Singh, a minor boy aged about 14 years has filed this appeat through his father Mudrika Prasad @ Durga Prasad for enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Bilaspur (for short, 'the Tribunal') vide award dated 12.08.2008, passed in Claim Case No. 24 of2008. 2) As against the compensation of Rs. 11,05,0007- claimed by the appellant/ claimant by filing a claim petition under Section 166 of the Motor Vehrcles Act through his father Mudrika Prasad @ Durga Prasad, for the injuries sustained by him in the motor accident on 10.09.2007, the Tribunal awarded a total sum of Rs.2,59,5007- 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 Insurance Company Limited, the insurer of the offending vehicle bus bearing registration No. C.G.- 10/ZA-0774, liable to pay 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.1,20,000/- towards permanent disability .•,"•- -^s CUS 1 -^ 1jJ MACNo.02 of 2009 ^^ and loss of amenities in life; Rs.89,000/- towards medical expenses; Rs.30,000/- towards future medical expenses; Rs.10,000/- towards special diet and other incidental expenses; Rs.5,500/- for conveyance; and Rs.5,000/- for pain an suffering. The Tribunal, thus, awarded a total sum of Rs.2,59,500/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Ti-ibunal further directed payment of interest on the above amount of compensation of Rs.2,59,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R.K. Jain, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.2,59,500/- only, though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of40%. 7) Shri Akhilesh Kumar, learned counsel appearing on behalf of Shri Deepak Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle bus, on the other hand, contended that the TribLinal has liberally awarded excessive sum of Rs.2,59,500/- to the claimant. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances '-^•s^ MACNo.02 of 2009 v of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.2,59,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Claimant Arun Kumar Singh was aged about 14 years on the date of the accident. He was a school going boy and admittedly, was not having any independent income of his own on the date of the accident. The claimant, as such has not suffered any loss of income during the period of treatment. The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.88,743/- and the Tribunal has awarded a total sum of Rs.89,000/- towards medical expenses. Though, the claimants witness AW4 Dr. Sanjeev Khanduja stated that the future medical expenses to the extent of Rs.15,000 - 20,000/- would be required, the Tribunal has awarded Rs.30,000/- towards future medical expenses. 11) On due consideration of the submissions of learned counsel for the parties and the above-mentioned broad features of the case, we are satisfied, the Tribunal has awarded substantial amount under all the permissible heads. The compensation of Rs.2,59,500/- awarded by the Tribunal can never be termed as inadequate so as to warrant enhancement in this appeal. ^<Bi-tU^!: MACNo.02 of 2009 ^y 12) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant/ claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 13) No order as to costs. —- *^. Sd/- ChiefJustice Sd;- R.N. Chandrakar Judge subbu ISE.