^^^^ 77 HSGH COURT OF CHHATTISGARH AT BILASPUR D8VISION BENCH CORAM: HON'BLE SHRS RAJEEV GUPTA, CJ. HON'BLE SHRI N.K. AGARWAL, J. Misc Appea! (C) No.1146 of 2007 AppeSlant Cjalma?!t Ku Poonam Nishad (Minor), D/o Parmanand Nishad, aged about 13 years, through its natural guard'san Parmanand d/o Lathkor Nishad, aged about 40 years, r/o CGRV Mandal Colony, Surkl Cotony, Bhatapara, Tehsil - Bhatapara, Distt. Raipur (CG) VERSUS Reseondents 1 Chabldas Manikpuri, s/o Murhu Das, Non-Claimants aged about 42 year, r/othrough Durga Carrier (P) Ltd., Lawan Road Baloda Bazar, PS & Tehsil - Baioda Bazar, Distt Raipur (CG) 2 M/s Durga Carrier (P) Ltd., Lawan Road Baloda Bazar, PS - BaEoda Bazar, Distt Raipur (CG) 3 Branch Manager, The New India Snsurance Company, Civil Line, Baloda Bazar, Distt Raipur (CG) M5sce!!aneous_Ap_peaE_ur8_der Sectjon 173 of IVIotor Vehicles Act Present : Shri AS Rajput, counsel for the appellant. Shri Raj Awasthi, counsel for respondent No.3. ORDER ^h ^'^ \ (25tnAugyst.2611) f ^^ §_ ^ 1 B ^^•^^ MAC.No. 1146 of 2007 The foliowing order of the Court was passed by Rajeev Gupta, C.J. Appeilant/ claimant Ku. Poonam Nishad has preferred this appeal through her father Parmanand, for enhancement of the compensation awarded by the Additionai Motor Accident Ciaims Tribunai, Bhatapara, district Raipur (for short 'the Tribunal') vide award dated 06.08.2007, passed in CIaim Case No.29/2006. 2) As against the compensation of Rs.5,56,000/-, claimed by the appellant/daimant, by filing a daim petition under Section 1 66 of the Motor Vehicies Act, through her father Parmanand for the injuries sustained by her in the motor acddent on 12.10.2006, the Tribunat awarded a total sum of Rs.35,000/- as compensation along with interest @ 6% per annum from the date of filing of the c!aim petition tiil 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, the insurer ofthe offending vehicle Truck bearing registration No.CG-04/ZC-1003 llable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not fiied any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunai considering the number and nature of the snjuries proved to have been sustained by the ctaimant in the motor accident and the amount proved to have been spent on treatment, awarded iump-sum of Rs.35,000/- as compensation to the claimant forthe injuries sustained by her in the motor accident. The Tribunal ^ ••",,. -.4: ^ ./^ M.A.C.No.1146 of 2007 2> ^1 further directed payment of interest on the above amount of compensation of Rs.35,000/- @ 6% per annum from the date of filing ofthe claim petition till the date of actual payment. 6) Shri A.S. Rajput, learned counsei forthe appellant submitted that the Tribunal has erred in awarding low compensation of Rs.35,000/- only, though the appel!anVc!aimant sustained multiple serious injuries induding fracture of her right u!na bone in the motor accident. 7) Shri Raj Awasthi, tearned counsel for respondent No.3 the New india insurance Company, the insurer of offending vehicie Truck, on the other hand supported the award and contended that as the claimant was student of 6th standard and was not having any income of her own on the date of the accident, the compensation of Rs.35,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Ku. Poonam Nishad was aged about 12-13 years on the date of the accident. She was student of 6th standard. The claimant sustained multipie serious injuries including fracture of her uina bone is established from the evidence of AW1 Dr. H.N. Saheta. It is a matter of common knowledge that substantiai amount is required to be spent on the treatment of fractures. The ctaimant on account of the fracture of her ulna bone must have suffered physicaily and mentally for sufficiently a long period. 9) The compensatlon of Rs.35,000/- awarded by the TribunaE, when examined in< the context of the above mentioned broad ^ M.A.C.NO. 1146 of 2007 ^fc •^ ^^- features of the case, in our opinion, is certainiy on the lower side and deserves to be enhanced suitably. 10) Considering all the reievant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.35,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeai filed by the appeilant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inciusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.35,000/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 13) No order as to costs. ~ ^ -—-_ Sd/- QuefJustice Sd/- N'KAgar^j Judge Subbu