HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAiVI: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (0 No. 1540 of 2009 AppeISant Rajesh Bhardwaj, S/o Radheshyam Bhardwaj, aged about 35 years, R/o Risda, P.S. & Tahsil-Masturi, District- Bilaspur (C.G.) VERSUS {-i^ Respondents 1 Bhagirathi Patet, S/o Sahetru Patel, R/o Viilage-Koni, P.S.-Masturi, District- Bilaspur (C.G.) (Driver, Vehicle Tractor No.C.G.IO/A- 5046) 2 Bhagbali Patei, S/o Kejuram Patel, R/o Viilage-Koni, P.S.-Masturi, District- Bilaspur (C.G.) (Driver, Vehicle Tractor No.C.G.IO/A- 5046) 3 United India insurance Company limited through Branch Manager, Branch Office Rajendra Nagar Chowk, Biiaspur, Tahsii & District-Bilaspur (C.G.) IVIiscelSaneous Appeal under Section 173 of Motor VehicSes Act Present : Shri Goutam Khetrapal and Shri Rakesh Sahu, counsel for the appeilant. Shri Vivek Shrivastava, counsel for respondents No.1 & 2. Shri Dashrath Gupta, counsel for respondent No.3. ORDER ?th (16tnAugust,2011) ? VYC.. MAC.No. 1540 of 2009 The following order of the Court was passed by Rajeev Gupta, CJ. Appellant/claimant Rajesh Bhardwaj is seeking enhancement of the compensation awarded by the Additional Motor Accident CIaims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 17.11.2009, passed in Claim Case No. 17/2009. 2) As against the compensation of Rs.4,55,000/-, claimed by the appellant/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 01.02.2009, the Tribunal awarded a total sum of Rs.27,000/- as compensation along with interest @ 7% 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 United India Insurance Company Limited, the insurer of the offending vehicle Tractor bearing registratton No.CG-IO/A-5046 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Tractor has not fiied any appeal challenging the above finding recorded by the Tribunal, the same, now has attained finality. 5) The TribunaE 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 iump-sum of Rs.27,000/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribuna! further directed payment of interest on the above amount ^A.C.No.1540 of 2009 of compensation of Rs.27,000/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Khetrapal and Shri Rakesh Sahu, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.27,000/- only. 7) Shri Dashrath Gupta, learned counsel for respondent No.3 the United fndia insurance Company Limited, the insurer of the offending vehicle Tractor, on the other hand supported the award and contended that the compensation of Rs.27,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Vivek Shrivastava, learned counsel for respondent No.1 Bhagirathi Patel and respondent No.2 Bhagbali Patel, the driver and owner of the offending vehicle Tractor also supported the award. 9) Claimant Rajesh Bhardwaj was aged about 35 years on the date of the accident. He was a labour by occupation. The claimant sustained fractures of his 7th and 8th ribs in the motor accident is established from the evidence of AW/2 Dr. Vijay Kumar Mishra. The claimant, being a labour, on account of the fractures of his ribs could not have performed his duties aslabour at least for a period of 3-4 months resulting in monitory ioss to him. 10) The compensation of Rs.27,000/- 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. ,*s^'s" ^sa^ 4 (VI.A.C.No.1540 of 2009 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.27,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanVclaimant for enhancement of the compsnsation, 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.27,000/- awarded bythe Tribunal. 13) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning CIaims Tribunal. 14) No order as to costs. ___^____—^ Sd/- Chief Justice Sd/- R.N. Chandrakar Judge inimmi