^^ \: HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA,CJ. HON'BLE SHRI SUN1L KUMAR SINHA, J. Appellant Respondents Misc. Appeal (C) No. 922 of 2008 Santosh Das @ Laxmidas, aged about 25 years, S/o Late Mangaldas, Caste Panika, R/o Village Semra, Tahsil Kota, Distt. Bilaspur (C.G.) VERSUS 1 Deepak @ Satyam Sarthi, aged about 25 years, S/o Ramkumar Sarthi, R/o Budha, Mahadevpara, Ratanpur, Tahsil Kota, Distt. Bilaspur (C.G.)-Vehicle Driver 2 Uttarabai, D/o Late Ramdadu, W/o Sanjay Sahu, R/o Village & Post Jarhagaon, Tahsil Mungeli, Distt. Bilaspur (C.G.) - Vehicle Owner 3 Branch Manager, New India insurance Company Ltd., Branch Office, Bilaspur, Tahsil & Distt. Bilaspur (C.G.) -Insurance Company Appeal under Section 173 ofthe Motor Vehicles Act. 1988 Present: Shri Goutam Khetrapal, counsel for the appellant. ORDER >rd (23ro September, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Goutam Khetrapal, learned counsel for the appellant is heard on admission. 2) . Appellant Santosh Das @ Laxmidas is seeking enhancement of the compensation awarded by the Ninth Additional Motor j^y've*s^ ^•ris,, ""^ !s ?..x Accidents Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 30.01.2008, passed in Claim CaSe No.12/2008. 3) As against the compensation of Rs.22,45,000/- claimed by the appellanV 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 24.08.2005, the Tribunal awarded a total sum of Rs.3,35,400/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition titl the date of actual payment. 4) Shri Goutam Khetrapal, learned counsel for the appeilant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.3,35,400/- only though the appellant/ claimaht sustained multiple serious injuries including fraetures in the motor accident resulting in permanent disability to the extent of 45%. Learned counsel further submitted that the Tribunal has erred in deducting 1/3' ofthe income ofthe deceased towards his personal expenses whileassessing the compensation in the present case. 5) The Tribunal found that appellant/ claimant Santosh Das @ Laxmidas sustained multiple injuries in the motor accident. The Tribuna) further found that the injuries sustained by the appellant/ ciaimant in the motor accident resulted in permanent disability to theextentof45%. . 6) Admittedly, the claimant was driving the motorcycte at the relevant time with two pillion-riders and the offending vehicle Jeep is said to ,,have dashed the claimant's motorcycle resulting in injuries to the claimant, T^Ti" SW.':^a3^ .^-sw' ^s^. . ^ 'i'i. 'SML;2®^1^/ subbu ^ 7) On due consideration of the submissions of learnedcounsel for the appellant; the reasonings given by the Tribunal in the impugned award; the nature of the injuries said to have been sustained by the claimant in the motor accident, we are satisfled that the compensation of Rs.3,35,400/- awarded by the Tribunal does ndt call for any enhancement in this appeal. 8) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellanf claimant for enhancement of the compensation is liable to be dismissed and is heretaLElismissed summarilv^ Sd/- ChiefJustice SA'- SunU Kumar Sinha Judge ^'. 7^^ i?^^-°EE%&^u^<