^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. u Appellant Applicant Respondents Non-applicants Misc. Appeal (Cl No. 962 of 2010 Rudramani Sahu, aged about 33 years s/o Santosh Sahu, occupation Auto Driver r/o village Khudmuda, post Shankara, tah. Patan, distt. DurgC.G. VERSUS 1 Mohammad Shabbir s/o Ibrahim Musalman aged about 45 years, occupation Truck Driver, r/o Pal Goods Transport Company, Amanaka Raipur C.G. Non-aDDlicant No.1 2 Pal Goods Transport Company, through Managing Director Harvinder Singh Vij aged about 58 years, s/o late SurenderSingh Vij, r/o Tarbahar Bilaspur C.G. Non-apDlicant No.2 3 The United India Insurance Company Ltd., through Divisional Manager, Divisional Office, Krisha Complex, Kachahari Chowk, distt. Raipur C.G. (Due date 11.08.2007 to 10.08.2008) Non-apDlicant No.3 Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri Pawan Kes.harwani,counsel for the appellant. Shri Dashrath Gupta, counsel for respondent No.3. ORDER (21st October, 2011) MAC.No. 962 of 2010 ^^ The following order of the Court was passed by Rajeev Gypta, C.J. Appellant/ claimant Rudramani Sahu is seeking enhancement of the compensation awarded by the 7 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 07.04.2010, passed in Claim Case No.41/2008. 2) As against the compensation of Rs.17,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.04.2008, the Tribunal awarded a total sum of Rs.5,29,000/- 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 United India Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.-10-A/6437, liable to pay compensation to the claimant. 4) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident; the fact that the injuries and fractures sustained by the claimant in the motor accident led to amputation of his right leg above knee; and the amount proved to have been spent on treatment, awarded Rs.3,84,000/- towards loss in the future earning c^pacity; Rs.85,000/- for medical expenses; Rs.50,000/- for pain and suffering; Rs.5,000/- for special diet; and Rs.5,000/- for attendant. The Tribunal, thus, awarded a total sum of MAC.No. 962 of 2010 ^ Rs.5,29,000/- 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.5,29,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Pawan Kesharwani, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment and conveyance; and in awarding low compensation of Rs.5,29,000/- only. 6) ShriDashrathGupta.learnedcounselforrespondentNo.S the United India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, contended that the compensation of Rs.5,29,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 7) Claimant Rudramani Sahu was aged about 35-40 years on the date of the accident. He was auto-rickshaw driver by occupation. The claimant sustained multiple serious injuries including fractures in the motor accident, which led to amputation of his right leg above knee is borne out from the evidence available on record. The claimant being auto-rickshaw driver on account of the amputation of his right leg above knee has been rendered unfit to pursue his occupation of auto-rickshaw driver. From para 15 of the award, we gather that the bills and vouchers produced by the claimant before the Tribunal in regard to the MAC.No. 962 of 2010 v.< L medical expenses were to the tune of Rs.81,233/- and the Tribunal has awarded Rs.85,000/- towards medical expenses. The sum of Rs.50,000/- awarded by the Tribunal towards pain and suffering also cannot be said to be on the lower side. 8) Nevertheless, the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment and conveyance. 9) In our considered opinion, further award ofRs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.5,29,000/- awarded by the Tribunal as justand proper compensation in the facts and circymstances of the present case. 10) The appeal filed by the appellant/ claimant for enhancement ofthe compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.21,000/- (rupees twenty one thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.5,29,000/- awarded by the Tribunal. 11) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.21,000/- (rupees twenty one thousand only) before the concerningClaims Tribunal. 12) No order as to costs. subbu Sd/- Chief Justice Sd/- R.N. Chandrakar Judge