HIGH CQURT QF CHHATTISGARH: BlLASPUR SINGLE BENCH:HON'BLESHRI RAJESHWAR LAL JHANWAR. J. M.A. (Ct N6.292/2008 APPELLANT Claimant RESPONDENTS Prem KumarMiglani Versus The Oriental Insurance Company and others. ORDER Pronouncementpforder Jo.09.2010 Sd/- R.L. Jhanwar Judge D°.09.2U1U /^•^•^ :j^ .. ' :' y ^: ^^s^^' HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH: HON'BLE SHRI R.L.JHANWAR. J. Misc.ADDeal (Cl No.292 of 2008 APPELLANT Claimant RESPONDENTS ^nn.'--? Prem Kumar Miglani, aged about 47 years, son of Shri Jagdish Rai Miglani, Occupation - Rigal Industries, resident of ' Aazad Chowk, Itwari Ward, Jagdalpur, Distt. Bastar (CG) VERSUS The Oriental Insurance Company, Main Road, Sadar Ward, Jagdalpur (Insurerof TruckNo.C.G. 17ZC/0645) Bhuwan lal Sinha, aged about 42 years, son of Kanta Ram Sinh^, thrbugh - Reekhabchand Jain, Near Sanjay " >l\ilarkef, Front of Geeta Bhawan, Moti Talabpara, Jagdalpur, Distt. Bastar (C.G.) (Driver of Truck No. C.G. 17 ZC/0645) Reekhabchand Jain, son of Jasraj Jain, aged about 29 years, resident of near Sanjay Market, In Front of Geeta Bhawan, Moti Talabpara, Jagdalpur, '''Dis'tt. Bastar (C.G.) (Owner of Truck No. C.G.17ZC/0645) MISCELLANEOUS APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLES ACT, 1988 < Appearance: •v"r1'?" r— ' .,.. , - ;, Shri Prakash Tiwari, counsel for the appellant. Shri SudhirAgrawal, counsel for respondent No.1. None for respondents No. 2 & 3. ORDER (Passed on,.,.^.09,2010) . .,,--.. This is claimant's appeal seeking enhancement of compensation awarded by 2 Motor Accidents Claims Tribunal, Bastar, place Jagdalpur (for short 'Claims Tribunal') in claim case No. 22/2005 vide order dated 27.11.2007. 2. As against the compensation of Rs.4,75,000/- claimed by the appellant/claimant byfiling aclaim petition under Section 166 ofthe Motor Vehicles Act for the injuries sustained by him in the motor accident on 2.5.2003, the Tribunal awarded a total sum of Rs.1,50,000/- as compensation along with interest at6% per annum from the date offiling of claim petition till the actual payment. 3. The Tribunal on close scrutiny of the evidence led before it, held that claimant Prem Kumar Miglani sustained injuries in the motor accident on 2.5.2003; the accident occurred due torash and negligent driving of driver of truck No.C.G.17 ZC 0645; as the above truck on the date of accident was insured with the Oriental Insurance Company Limited ~ Respondent No.1, the insurance company was liable to pay compensation to theclaimant. As the respondents have not filed any appealagainst the award, the above findingsrecorded by the Claims Tribunal have now attained finality. 4. 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 the treatmenf accepted the pleading of the claimant and awarded Rs.50,000/- towards expenses incurred during treatment, taking into consideration the fact that the claimant sustained 35% disability awarded Rs.50000/-, Rs.25000/- towards pain and suffering, Rs.25000/- towards loss of income. In this manner, the Tribunal awarded a total compensation of Rs.1,50,000/- for the injuries sustained by him in the motor accident. The Tribunal further directed paymentof interest on the above amount of compensation of Rs.1,50,000/- with 6% per annum from the date offiling ofclaim petition till actual payment. 5. Learned counsel for the appellant / claimant submitted that the Tribunal has erred in awarding low compensation of Rs.1,50,00/- only though the claimantcould not run his business for a periodof about 6 months and suffered monetary loss. 6. "Qn the other hand, learned counsel for insurance company opposed the appeal andarguedthat the compensation awarded by the Tribunal is just and proper compensation, and therefore, need not be interferred with. 7. The appellant - Prem Kumar was aged about 47 years on the date of accident. Prior to accident, he was having showroom named and styled as Regal Industries wheresteel furniture was being made and was also having steel retail shop by virtue of which he used to earn Rs.10,000/- to Rs.12,000/- per month. According to him, due to injuries sustained by him in the motor accident he was constrained to sell his showroom and shop and now he is unable to do anything. He is income tax payee and for that he produced income tax returns Ex.P.52 (C) sind Ex.P.53 (C). In support of his pleadings and evidence, he has also produced disability certificate vide Ex.P.3 showing that hesuffered 35% permanent disability due to injuries sustained by him in the motor accident. The evidence of claimant/appellant is also corroborated by the evidence of Dr.Lakhan ThakurA.W.2, who has issued the above certificate. 8. Though it has not come in his evidence that he was admitted in hospitaldue to injuries sustained by him in the motor accident butcertainly he would have suffered loss in business during the period when he was in hospital for treatment. Considering the injuries sustained by him in the motor accident; in'particuray,113'5% perm'anenrdissibjlity suffered by him in such motor accident; due to which heclosed his business and wasunable to do anything; the amount which he must have spent on his treat; now he is able to move with the help of one attendant, the compensation of Rs.1,50,000/- awarded by the Tribunal when examined in the context of the above mentioned brpad features of the case, in my opinion, is somewhaton the lowerside and deserves to be enhanced. 9. Taking into consideration all the relevant factors including the nature of injuries sustained by the claimant in the motor accident; the monetary loss the claimant suffered due to disability, 1 am of the opinion that further-award •of-Rs:25;000^ rrrclusive'of interest component on the enhanced amount of compensation will make the compensation of Rs.1,50,000/- awarded by the Tribunalas just and proper compensation in thefacts and circumstancesof the present case. •iSS 7' 10. The appeal filed bythe appellant/claimantforenhancement ofthe compensation, therefore, is allowed in part. The appellant / claimant is awarded further sum of Rs.25,000/- inclusive of interest componenton the enhanced amount of compensation, in addition to the sum of Rs.1,50,000/- awarded by the Tribunal. 11. Respondent No.1 - Oriental Insurance Company Limited is granted three months time for depositing th6 total sum of Rs.25,000/- before the concerning Claims Tribunal. No order as to costs. | R.L. Jhanwar 1 Judge