HaGH CQURT OF CHHRTTESGI&RH AT B§LASPUR QWESION BENGH q CQQAM: kWN’BLE SERE WJEEV QUPTR C.J. H‘IEWBLE SHRE $L§NIL KHMQR SENHA, $= MiSc. Aggeai ND£W G? 2§§$ Raf: Ram, aged 3Q yeam, 3cm of Shri Qudh Nath, resident of Tumura, Puraigudapara, Potice Station Bhanpuri, District Bastar; Jagdalpur (chhewsgarh) VERSEJS Nabor Lakra, aged 45 yaars, sork 0‘? Shri Ne$tor Lakra, {esident 0f BaoheE, type — 2, deuble story no.227, PS Bacheti, Disttict Dantewara (Chhattisgarh) The New tndta insurance Campany Limited Division Office Bhitai, thmugh the Branch Manager, Btanctx Office at Jhankar Talkies, Jaipur Road Jagdatpur, District Bastar (CG) s it eat under $§ectimi W3 at Meter Vrehicies Act gazgaandams iiswtiana Mg $hri Samnath Verma, sounsei tar the appeiiarit‘ ?resent 1 Shri Vikaa Shrivastava, counset far resporittent Nat , Shri Ajay Mi3‘nra, oounsei for respondgnt No2. ORDER amt“ Mam, 213m The fottowing order of the Court wa$ pagsed Raiieev Gwta, SJ. by u Appeuant/ Ciaiman‘t Rati Ram is seeking enhancemawt sf i‘he Ccompen3ation awarded by the Motor Accidem Claimé Tribunai, Ba$tar at Jagdaipur (for short ‘the Tribuna!’) vide award dated ?26.04A2GO4, paSsed in Ciaim Case Nazi/2603‘ i2) As against the compensation of Rs.4,38,100!—, claimed by i‘he iappeiianb’ciaimant, by filing a ciaim petition under Section 166 ef the t Motor Venicies Act, for ihe iniuries sustained by him in the meter s aecident 0n 2509.2OQ2, the Tribunai awarded a tatai sum 9f R$.4,500/- as‘ compensation aiong with in‘ierest @ 9% per annum fmm ihe date of fiiing of the claim peiiilen till the date 0i actuai payment. 3) The Tribunal en a eiose scrutiny 0t the entite evidence led before it held that ctaimant Rat] Ram sustained muitiple injuries in the meter accident en 25.09.2002; the accident occurred due to rash and negligent driving of the motorcyclist of the Hero Honda Motorcycle bearing registration NoiCG-t7—B/t850: ae theabove offending vehicle'on the date of the accident wee ineured with the New lndia insurance Company Limited and the insurance Company could not establish any breach of the policy conditions, the insurance Company was liable to pay the compensation to the claimant. 4) As the respondents have not tiled any appeal against the award, the above findings recorded by the Tribunal have now 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 spent on the treatment. awarded Rs.3,000/— towards injuries sustained by the claimant in the motor accident; Rs.500i- for pain and suffering; R$.500/— for meciicai expenses; and Rs.5OU/-- for ices of inceme during the period of treatment. The Tribunei, thus, aWai'deci a totai sum of Rs.4,500f— as compensatian to the ciaimant foi" the injuries sustained by him in the motor accideni. The Tribunal further directed payment of interest on ihe abeve ameunt of ’ compensation of Rs.4,5OG/— @ 9% per annum frem the date 0i fiiing of the claim petition tiii the date of actual payment. 6) Shri Somnath Verma, teamed oounsei for the appeiiant eubmitted that the Tribunal has erred in awarding low compensation of R3.4,5OO/— only, though the claimant suetained multiple injuries in the motor aocioient and spent substantiai amount on treatment. 7') Shri Ajay Mishra, learned counsel for respondent No.2 the New indie insurance Company Limited, on the other hand supported the award and contended that the compensation of Rs.4,’500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Vikas 3hrivastva! teamed counsei for tespondent No.1 also eupported the award. 9) Ciaimant Rati Ram on the date of the accident was aged ’ about 3D years. He was labour by occupation. Though he claimed that he sustained fractures in the accident, no X-ray piate or report was produced before the Tribunal to establish the above fact. The oiaimant though claimed to have spent Rs.20-25,{)OO/= on his treatment, no bills and vouchers were produced before the Tribunal a w e$tabiish fhe medical expensea to that extent. it is; true that tha evidence of AW/B D¥ KB Sharma iS to the effect that the oiaimani su3tained permanent disability to the extent of 18% 0n amount 0f the injuries sustained by him in the moior accident. 10) The campensaiien of Rs.4,5GC3/- awarded by ihe Tribunai when examined in ihe coniex‘t of the above mentioned broad features of the case, in 0w opinion is somewhat on the lower side angi! deserves i0 be enhanced to some extent. 1 ’1): Considering ali ihe relevant aspects of the matter, we are of ihe opinion ihai further award of Rs.5,DOD/- inolueive of interest component on the enhanced amount of compensation Witt make the compensation of Rs.4,500/- awarded by the Tribunal as just and prooer oompeneation in the facts and Circumstances of the oresent GaSe. t2) For the foregoing reasons, the appeal filed by the appelianttclaimant for enhancement of the compensation is atiowed in part. The oiaimant is awarded further sum of Rs.5,00t3f- inciusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.4,500 /— awarded by the Tribunal. i3): Respondent No.2 the New india Insurance Company Limited is granted three months’ time for depositing the total sum of Rs.5,G00/— before the concerning Claims Tribunal. 14) No order as to costs. ‘ Sdl— Sdl- Sunil Kuma" Sink?! Juda/ i. Wvc‘ML . . . ... l Chief Justice, l .‘ l