HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Appellant Respondents M.A.No.21Sof; Doman Singh Dehari, aged about 25 years, son of Shri Panchram Dehari, resident of village Ghorda, Tahsit Ambagarh Chowki, District Rajnandgaon (Chhattisgarh) VERSUS 1 Rohit Sahu, son of Shri Sukhram Sahu, aged about 25 years, Occupation - drlver, resident of Indira Nagar, Near Hathkhoj Transport Nagar, Near Ramprasad Kirsna Shop, Shiv Mandir, PS Bhilai - 3, Tahsil and District Durg (Chhattisgarh) ? Ajay Nagdeo, aged about 28 years, son of Shri Hemant Nagdeo, occupation - Metadoor Transport, resident of Shanti Nagar, Road No.2, Quarter No.2, Bhilai, Police Station Supela, Tahsil and District Durg (Chhattisgarh) i United India Insurance Company Limited, Head Office 24, Vitus Road Chennai, Divisiona! Manager, Division Office Kachahari Chowk, Raipur, Tahsil and District Raipur (Chhattisgarh) Miscellaneous appeal under Section 173 of the Motor Vehicles Act Present : Shri Abhishek Sharma, counsel for the appellant. Shri Janak Hidco, counsel for respondent No.2. Ms Hamida Siddiqui, counsel for respondent_Ns. "- ••••-v.r., ^- P'°"1 vy j ^ •^ '•^ ORDER ifid 'N (02naMay,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant Doman Singh Dehari is seeking enhancement of the compensationawarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short the Tribunal') vide award dated 05.11.2004, passed in Claim Case No. 142/2003. 2) As against the compensation of Rs.9,47,000/- claimed by the appellant/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 31.07.2003; the Tribuna! awarded a total sum of Rs.12,165/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment. 3) The Tribunat on a close scrutiny of the entire evidence led before it held that claimant Doman Singh Dehari sustained multiple serious injuries including fractures in the motor accident on 31.07.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Metador bearing registration No.CG07-ZB/0923; as the above offending vehicle Metador on the date of the accident was insured with the United India Insurance Company Limited, and the Insurance Company couid not establish any breach of the poticy conditions, the Insurance Company was liable to pay the compensation to the claimant. ^aTe% ^ ^*^, ^ ;:^ ^" ':v ?i ^ti!3^. .-. '-; ''. <^-...1, ll: r llKjsLu 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained flnality. 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 been spent on treatment awarded Rs.10,000/- towards pain and suffering and loss of income during the period of treatment; and Rs.2,165/- towards medical expenses. The Tribunal, thus, awarded a total sum of Rs.12,165/- as compensation to t'ne 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.12,165/- @ 6% per annum from the date of the filing of the claim petition tilt the date of actual payment. 5) Shri Abhishek Sharma, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.12,165/- only, though the appellant on account of the injuries and fractures sustained by him in the motor accident has been rendered unfit to pursue his occupation as labour. 6) Ms Hamida Siddiqui, learned counsel for respondent No.3 United India Insurance Company Limited, the insurer of the offending vehicle Metador, on the other hand supported the award and contended that the compensation of Rs.12,165/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. /^L v^ •'te-.^ »• 4 7) Shri Janak Hidco, learned counsel for respondent No.2 Ajay Nagdeo, the owner of the offending vehicle metador also supported the award. 8) Ctaimant Doman Singh Dehari was aged about 25 years on the date of the accident. He was a labour by occupatlon. The ciaimant sustained serious injuries including fractures in the motor accident is established from the evidence of AW2 Dr. Anil Mahakalkar. It is true that the claimant in his statement stated that a sum of Rs.25,000/- was spent on treatment and the bitls and vouchers produced before the Tribunal were to the extent of Rs.2,165/- only. The Tribunal has certainly erred in not awardlng any sum towards conveyance, attendant and special diet. 9) The compensation of Rs.12,165/- awarded by the Tribunal, when examined in the context of the above mentioned broad features ofthe case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensatlon of Rs.12,165/- 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.15,000/- inciusive of interest component 1 on the enhanced amount of compensation in addition to the sum of Rs.12,165/- awarded by the Tribunal. 12) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. pscimE 13) No order as to costs. Sd/- Chief Justice Sd/- ~ N.K. AgrawaS Judge