:i;:i''''"!S~-;^'a<'i.'>i;-l.?'s"K>.M;»'i?'.B> '-t't#1^i;i.t-i<®;E ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal No. 64 of 2006 ADpellant Claimant Lekhram Sonkar, aged about 24 years, s/o Shri Madan Sonkar, R/o Village Mohara, district Rajnandgaon (C.G.) Present Address C/o Jagannath Sonkar, Lohar Chowk, Sonkarplara, Thana Aajad Chowk, Raipur, Tehsil & District Raipur (C.G.) VERSUS Resoondents Non-appticants 1 Pritam Keshwani, aged about 34 years, Caste Sindhi, s/o late Ramchand Kesharwani, R/o Risaipara, near Danteshwari Mandir, Tehsil & District Dhamtari (C.G.) (Driver of the Vehicle bearing Regd. NO.C.G.04/ZP1614) 2 Anil Kesharwani, s/o late Ram Chand Kesharwani, R/o Risaipara, near Danteshwari Mandir, Tehsil & District Dhamtari (C.3.) (Owner ofthe Vehicle bearing Regd. NO.C.G.04/ZP1614) 3 The Oriental Insurance Company Limited, through its Divisiona! Manager, Address Division Office, Jai! Road, Madina Building, Raipur, district Raipur (C.G.) (Insurer of the Vehicle bearing Regd. NO.C.G.04/ZP1614) ii;.^nf;r.^ !i'^?: y 't'^ Miscellaneous Appeat u/S 173 of the MQtorVebicle Aet. 1988 Present: Shri Suresh Tandon, learned counsel for the appellant. Shri Shailendra Sharma, learned counsel for respondent No.3. ORDER ith (04'nJanuary,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant - Lekhram Sonkar is seeking enhancement of the compensation awarded by the Fifth Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 30.09.2005, passed in Claim Case No.81/2004. 2) As against the compensation of Rs.12,00,000/- ctaimed by the appeltant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 20.06.2004, the Tribunal awarded a total sum of Rs.35,000/- as compensation to the claimant 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 close scrutiny of the entire evidence led before it held that claimant Lekhram Sonkar sustained multiple serlous injuries in the motor accident on 20.06.2004; the injuries sustained bv the claimant in the motor accident resulted in permanent disability; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maturi Van Ki bearing registration No. C.G. 04/ZP 1614; as the above offending vehicte Maruti Van on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the tnsurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by'the Tribunal have now attained finality. 5) The Tribunal considering the number a'nd 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.20,000/- towards permanent disability; Rs.5,000/- towards pain and suffering; Rs.7,000/- towards treatment; Rs.2,000/- for special diet; and Rs.1,0007- for attendant. The Tribunal, thus, awarded a total sum of Rs.35,000/- 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.35,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. g) Shri Suresh Tandon, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.35,000/- only though the appellant/ claimant RV! ^: !Ni iB? ^'SSs-, 1 ^&s^^' ^ f 't'^ sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 20%. 7) Shri Shailendra Sharma, learned counsel for respondent No.3 the Oriental Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.35,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the CourtsfTribunals should be just and proper compensation in the facts and cireumstances 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.35,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 10) Claimant Lekhram Sonkar was aged about 24 years on the date of the accident. The accident occurred between the motorcycle of injured claimant Lekhram Sonkar and the other vehicle Maturi Van in the night of 20.06.2004. Injured Lekhram Sonkar was sent for his medical examination by the potice on 20.06.2004 itself. The Doctor who examined claimant Lekhram Sonkar has categorically mentioned in his injury report Ex.P/6 that the claimant had consumed alcoholic beverage and smell of aicoholic beverage was present in his breathe. Thus, it is '^'S^'-'s-, •''^•^.••- ',- y ::-Si- ••.--SfS' ^ apparent that the claimant at the time of the accident was driving the motorcycle under the influence of alcohol. 11) On due consideration of the submissions of leamed counsel for the parties; the findings recorded by the Tribunal; and the above-mentioned broad features of the case, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 13) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge subbu