HIGH COURT OF CHHATTISGARH AT BILASPUR DLVIS!0!SLBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J ^ MiscAppeal (C) No.968 of 2009 Appellant Claimant Mansai, s/o Mangiyaram Naik, Cate - Halba, aged about 40 years, R/o illage -Jeeratola, PS & Tahsil Ambagarh - Chowki, Distt Rajnandgaon (CG) VERSUS Respondents Sanjay Kumar Sen, S/o Sukumar Sen, aged about 35 years, Driver, R/o Near Konde Power House, Dallirajhara, District Durg (CG) Jahin Ahmad, S/o HM Rafique, Vehicle - Owner, Bharat Travels, R/o Gudakhu Line, Rajnandgaon (CG) Divisional manager, the New India Insurance Company Limited, Thakkar Chambers, GE Road, Power House, Bhilai, District Durg (CG) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Goutam Khetrapal, counsel for the appellant. Shri Sashi Bhushan, counsel for respondents No.1and2. Shri Deepak Gupta, counsel for respondent No.3. ORDER ^th (19mJuly,2011) y The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/daimant Mansai is seeking enhancementof the compensation awarded by the Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 06.01.2009, passed in Claim Case No. 123/2008. 2) As against the compensation of Rs.8,24,000/-, claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by hlm in the motor accident on 10.10.2007, the Tribunal awarded a total sum of Rs.68,886/- as compensation along with interest @ 6% 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 New India Insurance Company Limited, the insurer of the offending vehicle Minibus bearing registration No.CG-08 ZA/3107 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Minibus has not fited any appeal challenging the above finding recorded by the Trjbunal, the same, now, has 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 been spent on treatment, awarded Rs.30,000/- towards permanent disability, pain and suffering; Rs.21,886/- towards medical expenses; Rs.10,000/- r-ii. ? ^l, '^^^^ \ ^:V9 "X.J?^te^ towards loss of income during the period of treatment; and Rs.7,000/- for special diet, attendant and conveyance. The Tribunal, thus, awarded a total sum of Rs.68,886/-, 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.68,886/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Khetrapal, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.68,886/- only, though the appellant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 40%. 7) Shri Deepak Gupta, leamed counsel for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Minibus, on the other hand supported the award and contended that the compensation of Rs.68,886/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8) Shri Sashi Bhushan, tearned counsel for respondent No.1 Sanjay Kumar Sen and No.2 Jahin Ahmad, the driver and owner of the offending vehicle Minibus also supported the award. 9) Claimant Mansai was aged about 40 years on the date of the accident. He was an agriculturist by occupation. The claimant sustained fracture of his right leg is established from the evidence of AW/2 Dr YK Tiwari. It is a matter of common knowledge that 'f%. •/- - v^ V^ ^:[. v '% f7 ^';-^.. ^ '^.y^' substantial amount is required to be spent on the treatment of fractures. The claimant, being an agriculturist, on account of the fracture of his right leg could not have performed the agricultural operations for a period of 3-4 months and must have engaged some agricultural labourers in that behalf resulting in monitory loss to him. 10) The compensation of Rs.68,886/- 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. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.68,886/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) 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.1 1,000/- inclusive of interest component in addition to the sum of Rs.68,886/- awarded by the Tribunal. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge ^—