HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH Coram : HON'BLE SHRt RAJEB/GUPTA, C.J. & HON'BLE SHRI DHIRENDRA M1SHRA, J. Misc. Appeal (C) No.301 of 2008 APPELLANT '-<, ^ ^^^Applicant <e! RESPONDENTS Non-applicants Narmada Prasad Jaiswat, S/o Late Shri Shyamtal Jaiswal, aged about 47 years, R/o Village Beltar, P.S. Ratanpur, Tahsil & Distrtet Bilaspur (C.G.) Versus 1. LaljiSahu S/o Amoliram Sahu, Aged about 30 years, R/o Viilage Savantpur, P.0. Khaparikala, P.S. Pandriya, District tevardha (Kabirdham) C.G.) (Owner & Driver of Vehicle) 2. Branch Manager,The Iffco-Tokio General tnsurance Company Ltd., Branch Office 3rd Floor, Shop No.3< -347, Lal Ganga Shopping Market, G.E. Road, Raipur (C.G.) Misc. appeal under Section 173 of the Motor Vehicle Act Present: Shri R.K. Jain, learned counsel forthe appellant. fcf, \s ORDER (5m March, 2008) The following order of the Court was passed by Rajeev Gupta, CJ. , Learned counsel for the appellant Is heard on admission. 2. Appellant - Narmada Prasad Jaiswal is seeking erihancement of the compensation awarded by the Sixth t fe \;. Additional Motor Accident Claims Tribunal; Bilaspur, (for short 'the Tribunal') vide award dated 30-11-2007, passed in Motor Claim Case No. 85/2007. 3. As against thecompensation of Rs.4,65,000/- claimed by the claimant for the injuries sustained by him in the motor accident on 17-04-2007 when the Vikram Auto-rickshaw in which he was traveling, met with an accident and overturned due to the rash and negiigent driving of its driver, resulting in multipte serious injuries to the claimant, the Tribunal awarded compensation of Rs.75,000/- atong with interest @ 9% per annum from the date of flling of fhe ctaim petitioin tilt the date of actual payment. 4. Shri R.K. Jain, learned counsel for the appellant vehemently argued that the compensation of Rs.75,000/- awarded by the Tribunal is too low in comparison to theserious injuries sustained by the appellant. 5. For the reasons best known to the appellant / claimant, the doctor who had treated the appellant for his injuriesand had issued permanent disability certificate was not examined before the Tribunal. 6. The Tribunal has awarded a sum of Rs.40,000/- towards medical expenses ; Rs.10,000/- for lossofearning capac'rty and loss of income ; Rs.10.000/- for physical pajn and mental agony ; and Rs.15,000/- towards other expenses. The Tribunal, thus, gwarded a total sum of Rs.75,000/- as compensatron to the ciaimant for the injurlessustained by him tn the motor accident. t~ subbu ?Fy ^;. ^ 7. On due consideration of the submissions of leamed counsel forthe appellant and the reasonjng given bythe Tribunal in the impugned award, we are satisfied thatthe compensation of Rs.75,000/- awarded by the Tribunal Is just and proper compensation in the facts and circumstances of the present case. 8. We, therefore, do not find any scope for enhancement of the compensationawarded by the Tribunal. 9. The appeal filed by the appeltant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarlly. Sd/- Chief Justice Sd/- Dhirendra Mishra Judge \'..