HSGH COURT OF CHHATTSSGARH AT BILASPUR DEVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUSVSAR SINHA, J. APPELLANT CIaimant RESPONDENTS \" M.A. (C) No. 69 of 2006 Navin Jaiswai, aged . about 36 years, S/o. Mootohand Jaiswai, R/o. Tikrapara, Takhatpur, P.S. Takhatpur, Dist. Bilaspur (C.G.) Versus 1.° Ajay Sharma, S/o. Bhuneshwar Sharma, R/o. Kochdih, P.S. Koch, dist. Gaya (Bihar), At present Sharab Bhatti Takhatpur, dlst. Bilaspur (C.G.) 2. M/s. Harbanshl Singh & Sons, R/o. Vaishali Nagar Bhopa! Tahsi! & Dist. Bhopal (M.P.) 3. Unjted india Insurance Co. Ltd. Branch Office - 1, Gangotri Fifth Floor, T.T. Nagar, Bhopal dist. Bhopai (M.P.) 4. National insurance Co. Ltd. B-1, Taha Compiex, Priyadarshani Nagar, Biiaspur, Tahsil & District Biiaspur (C.G.) SVIiSCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHECLES ACT Present: Shri Avinash Chand Sahu, iearned counsel for the appeilant. None for respondents No. 1 & 2 though served. SJiri Pankaj Agrawal,ieamed counsel for respondent No.3. Shri Q. Aziz, learned counsei for respondent No.4. ORDER (6th May, 2009) r^7 J^ !Ii|;J 1^1 n • !i x The following order of the Court was passed by Rajeev Gupta, CJ.: Learned counsei for the parties are heard on M.C.P. No. 1418/2006, a petition for condonation of delay in fiiing the appeai. 2. On due conslderation ofthe submissions of learned counsel for the parties and the grounds taken in the appSlcation, we are satisfied that the appeliant has succeeded in showing sufficient cause for the delay in fjling the appeal. 3. M.C.P. No.1418/2006, therefore, is ailowed and the delay in flling the appeal Is hereby condoned. 4. Shri Avinash Chand Sahu, iearned counse! for the appeliant is heard on admission. 5. Appeliant Navin Jaiswa! is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunai, Bilaspur, (for short 'the Tribunal'), vide award dated 05.05.2005, passed in Claim Case No. 149/2004. 6. As against the compensation of Rs.7,26,000/- ciaimed by the appellanVcIalmant byfiling adaim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by hlm In the motor accident on 27.07.2003, the Tribunal awarded a total sum of Rs.2,30,000/- as compensation aiong with interest @ 6% per annum from the date of filing of the ciaim petition tiii the date of actuai payment. ^ 7. Shri Avinash Chand Sahu, iearned counsel for the appeliant vehementiy Srgued that the compensation of Rs.2,30,000/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries and the fractures sustained by the appeiiant/ daimant inthe motor accident. 8. From para 13 of the award we gather that the claimant neither examined any doctor nor any disability certificate was produced before the Tribuna! to estabJish that the injuries sustained by him in the motor accident resulted in any permanent disability. 9. In this state of evidence, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. 10. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. mmmi Sd/- ChiefJustice Sd/- ^ Sunil Kumar Sinha Judge ^.