HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAhfl: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Wlisc. Aopeal (0 No. 487 of 2011 Appellants Smt. Jyoti Bhagat, W/o Dashrath Bhagat, aged about 33 years, Caste- Uraon, Occupation-Housewife, Ku. Shweta Bhagat, D/o Shri Dashrath Bhagat, Caste-Uraon, aged about 12 years, Occupation- Student. Appellant No.1 by herself and appellant no.2 her minor daughter as next friend. Both R/o Village Sarna Toli, Jashpur, District Jashpur (CG), At present Bhilai, District Durg (CG) Respondents VERSUS 1. Raghunandan Prasad Roy, S/o S.N. Roy, 107, Chhatra Babu Khatal, Alam Bazar, Bada Nagar, Kolkata, 35 (W.B.) 2. Jitendra Yadav, S/o Fagu Yadav, aged about 28 years, Occupation Driver, R/o 139, B.T. Road, Alam, Bazar, Kolkata-35 (W.B.) 3. NatiQnal Insurance Company Limited, Branch Office Bilaspur (CG) MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Shri A.K. Prasad, counsel for the appellants. ORDER (27th April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri A.K. Prasad, leamed counsel for the appellants is heard on admission. 2) The appellants/ claimants are seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Jashpur (for short 'the Tribunal') vide award dated 28.02.2011, pgssed in Claim Case No.47/2010. 3) As against the compensation of Rs.41,75,000/- and Rs.9,15,000/- claimed by appellants/ claimants Smt.Jyoti Bhagat and Ku. Shweta Bhagat, by filing a joint claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by them in the motor accident on 17.05.2005, the Tribunal awarded compensation of Rs.64,000/- each to both the claimants along with interest @ 6% per annum. 4) Shri A.K. Prasad, learned counsel for the appellants vehemently argued that the Tribunal has erred in awarding low compensation, of Rs.64,000/- each to the claimants, though the claimants gustained multiple serious injuries including fractures in the motor accident. 5) From paras 10 and 11 of the impugned award, we gather that the disability said to have been sustained by both the claimants on account of the injuries and fractures sustained in the motor accident was of temporary nature. ^•^•- •% /f ....fSBS'.'l '• 11 •'fcT-..^'y ,-'•' 6) The Tribunal has awarded Rs.15,000/- towards medical expenses to claimant Smt. Jyoti Bhagat in addition to the loss of income of Rs.12,000/-; Rs.12,000/- towards attendant; and Rs.25,000/- towards pain and suffering and temporary disability. The Tribunal, thus, awarded a total sum of Rs.64,000/- to claimant Smt. Jyoti Bhagat for the injuries sustained by her in the motor accident. 7) So far as the other claimant Ku. Shweta Bhagat is concerned the Tribunal awarded Rs.25,000/- towards temporary disability; Rs.12,000/- towards attendant; Rs.12,000/- towards pain and suffering; and Rs.15,000/- towards medical expenses. The Tribunal, thus, awarded a total sum of Rs.64,000/- to claimant Ku. Shweta Bhagat for the injuries sustained by her in the motor accident. 8) On due consideration of the submissions of learned fcounsel for the appellants and considering that the disability suffered by both the claimants on account of the injuries and fractures in the motor accident was of temporary nature, we are of the opinion that the compensation awarded by the Tribunal is ju6t and proper' compensation in the facts and Gircumstances of the present case and does not call for any enhancement in this appeal. 9) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the »>•• ;< 'y^ "'^ ^ / y /" nimmi appellants/ claimants for enhancement of the compensation is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice -<^,^ Sd/- R.N. Chandrakar Judge