(^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 916 of 2009. Appellant :. Gopal Chand Agrawal, aged about Claimant 49 years s/o late Shri Sadhulal Agrawal, r/o Tilda Nevra, district RaipurC.G. VERSUS Respondents 1 Shivcharan Sahu s/o Shri Jodhan Lal Sahu, r/o Kankalipara Ward No.12, Post Simga, district Raipur C.G. 2 Anup Kumar Tiwari s/o Shri J.R. Tiwari, Tithupara, Post Simga, district Raipur C.G. 3 The Oriental Insurance Company Limited, Divisional Office-2, Sai Nagar, Jail Road, Post district Raipur C.G. Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri M.K. Bhaduri, counsel for the appellant. Shri Ashish Beck, counsel for respondent No.3. ORDER ^th (06tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Gopal Chand Agrawal is seeking enhancement of the compensation awarded by the 9 Additional ^ y^f' i l?2.-..-—.. i II ^®i:^^, g MAC.No. 916 of 2009 <^> Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 31.03.2009, passed in Claim Case No.99/2008. 2) As against the compensation of Rs.9,00,000/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 25.02.2008, the Tribunal awarded a total sum of Rs.98,461/- as compensation alongwith interest @ 7.5% 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 Oriental Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.-04/JA/3420, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal challenging the above finding recorded by the Tribunal, the same has 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 proved to have spent on treatment, awarded Rs.85,461/- towards medical expenses; Rs.6,000/- for damage to the claimant's vehicle; Rs.5,000/- for pain and suffering; and Rs.2,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.98,461/- 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.98,461/- @ 7.5% per annum from :^^.,r^'. •:':"""""'%. '% <•• >^:."''^.-. M.A.C. No. 916 of 2009 the date of filing of the claim petition till the date of actual payment. 6) Shri M.K. Bhaduri, learned counsel for the appellant submitted that the Tribunal has erred in awarding only Rs.85,461/- towards medical expenses though the bills and vouchers produced by the claimant before the Tribunal were to the extent of Rs.1,02,573/-; in not awarding any sum towards loss of income during the period of treatment; in awarding only Rs.2,000/- towards special diet; and in awarding low compensation of Rs.98,461/- only. 7) Shri Ashish Beck, 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.98,461/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Gopal Chand Agrawal was aged about 49 years on the date of the accident. He was a businessman running a rice-mill. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The Tribunal has certainly erred in awarding only Rs.2,000/- towards special diet and in not awarding any sum towards loss of income during the period of treatment. -^. M.A.C. No. 916 of 2009 9) The compensation of Rs.98,461/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.98,461/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) 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.21,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.98,461/- awarded by'fhe Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.21,000/- before the concerning Claims Tribunal. 13) No order as to costs. ____ Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu