H§GH COUR? OF CHHATTE$G£RH AT BiLASPKi ViSION BEN’ SGRIKM: HGNgELE SHRI RRJEEV GU?TA, C.J. Lln HUN ! BLE IE9Ll OHR§ RHiVWié?‘-rfi nkl &5 LII‘LI Uri§HEBRHRfiRgJ h “WAD! Misc kipaaE No. 1305 0f 20M- Appeiiant Ravindra Kumar Biswas @ Ravi Sfo KS Claimant ’ Chowk Biswas, Kaitashnagar‘ aged - 29 yeafs, Qr No.863, R/G Bhiiai, Ekta ; i Dist: Dufg (CG) a VERSU$ I Baivinder Sing‘n, 8/0 Gurudev Singh, agcd 25 .ears, R/G Shaui.achak, PS Guman, Distt Gurdasgaur (Pun}ab) Thmugh Gulga’r Sing'n Sic Ujagar Singh, R/a Pépaigaon Named {wmharashtra} (Driv'er of the Vehicie NOMH 28 8/7214) Guljar Singh S/‘o Ujagar Singh, R/o Pipa§gaon Nanéed (Maharashtra), _ (Owner of the Vehicie NoMH 26 8/?214) Divisionai Manager: National insurance Company Limited, Akash Ganga, Supela, Bhilai, Dist? Durg (CG) (insurer of Vehicée NoMH 26 Br’7214) Resnandents ‘ Nara-aapEieants isceiianeous Appeai under Section 1?:5 of Matar vehicig Act Present : Shri Ami§akant Tiwari, counset fer the appetiant. None for respcndents No.1. and 2. Shrt Raj rAwaethi: cbunset fer respondent No.3. R m CEi M The foilowing order of the Court was passed by Rajeev Gupta, C.J. AppeHant Ravindra Kumar Biswas @ Ravi is seeking enhancement of the campensatien awarded by the 8“” Additiene! Motm Accident Claims Tribunal, Burg (for short ‘the Tribunal’) vide award dated 28.D2.200fi, passed in Ciaim Case N0.07/2002. V‘ j 2} As against the compensation or' Rs.9,48,.4{)Qi-, claimed by 1 the appellant/ciaimant, by fiiing a claim- petition under Section 1&36 i of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 23.06.2001, the Tribunal awarded a total sum of Rs.77,7771— as cempensation aiong with interest_@ 9% per annum frem the date of the fiiing of the ciai‘m petition tilt the date of actuai § payment. S) The Tribunal on a ciose scrutiny of the entire evidence ied before it heid that ciaimant Ravincira Kumar Biswas @ Ravi sustained multiple injuries inciuding fractures in the motor accident l on 23062031; the accident occurred due to rash and negiigent " driving of the driver of the offending vehicie Truck bearing registration No.26-B/72i4; as the above offending vehicie Truck on the date of the accident was insured with the National insurance Company Limited, and the insurance Company could not established any breach of the poiicyconditions, the insurance Company was iiabletd pay compensation to the ciaimant. ‘ 4) The Tribunal considering the number and nature of the injuries proved to have been sustained by the ciaimant in the motor ‘ aCcident; and the amount proved to have been spent on treatment, awarded Rs.43,32’f/— towards medicai expenses; Rs.10;000i-’ - towards pain and suffering and monitory ‘oss; Rs.125(}00i— towards saéary of the driver; Rs.5,000/- for attendani; Rs.4,000i— towards speciai diet; Rs.3,450f- towards the inconvenience suffered by the claimant during the period of his hospitaiization. The Tribunai thus; “atvarded a total sum of Rs.‘i7,???;’— as compensation to the i f ciaimant for the injuries in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.77;777l- @ 9% per annum from the date of the fiiing of the ctaim petition tiit the date of actual. payment. 6) Shri Amiyakant Tiwari, teamed counsei for the appeitant submitted that the Tribunal has erred in awarding oniy RedmoaOJ- towards pain and suffering and monitory ioss and in awarding low compensation of Rs.77,777/— oniy. 7) shrt Rat Awasthi, learned counsei for respondent No.3 the National insurance Company Limited submitted that the Tribunai has awarded a substantiai amount of Rs.77,777/— as compensation to the claimant though the claimant coutd not establish that the injuries sustained ‘by- him in the motor accident resutted in any permanent disability. 8) , On due coneideration of the submissions of iearned counsel tor the parties and thenumber‘and nature of the injuries sustained by the ciaimant in t‘ne motor accident; we are of the opinion that, ‘ the Tribunai has awarded a reasonable amount of compensation a? I; under aii the heads, except the loss 0f income during the period 0f CEaimant‘s hospitaiization on account of the fracture of his'leg. 9} En our opinion, further award of Rs.10,000i— inoiusive of interest component on the enhanced amount of oompensatton would make the compensation of Rs.77,777l— awarcted by the Tribune! as just and proper compensation in the facts and circumstances of the present case. 1.0) The appeal fiied by the appeiiant/ciatmant for enhancement i of the compensation, therefore, is allowed in part. The ctaimant is awarded further sum of Rs.1 0,0001- inclusive of interest component in addition to the sum of Rs.7?,777f— awarded by the Tribunai. 11) Respondent No.3 the National insurance Company Limited is f granted three months’ time for depositing the total sum of Rst G,OOO/— before the concerning Claims Tribunai. 12) No order as to costs. r Sci/— a— ‘ I e Chief Jusu'ceé I M