p^, \A^ HIOU COURT OF CHHATTISQARH: BILASPUR Single Bench: Hon'bte Shri DiBp Raosaheb Deshmukh, J. Appellant Claimant Respondents MJLC. No. 1439 of 2007 Munna Lal Shamna, S/o Shn B.P. Sharma, aged about 21 years, Rfo Near Vijay Kirana Store, Bapun^ar, Waid No.33, Zone-11, Sector-2, Bhilai, Tahsil and District Durg (CG) Versus 1. Geledvin David @ Golu, ^o Villiam Davfcl, aged about 25 years, R/o Qr. N0.294/B/IMA, Pandaidalli, Rajhara, Police Station Rajhara, Tahsit Balod, Distt. Dwg (03) (Driver & Owner of the Indlca Car No.CG«5639) 2. Branch Manager, The United Indla Insurance Company Limited, Branch Office Bhilai,Tara Complex, GE Road, Power House Bhilai, District Duig (OG) Apoeal under Secflon 173 ofthe Motor Vehides Act 1988 Present: Shri Jitendra Gupta, counsel for the appellant. Shri S.K.Guha, counsel for respondentNo.1. Shri Pankaj Agrawal, counsel for respondent No.2. ORALORDER (Passedon 09.09.2008) The appeal was heard finally today. (2) The appellant/daimant is aggrieved by the award dated 31/07/2007 passed by the )?' Additionat Motor AcckJents Claims Tribunal (FTC), Duig (CG) (henceforth the Tribunal') in ctaims case No.04COQ7, whereby in a case of grievous injury i.e. compound communited fracture in right Tibula and Fifcula, the Tribunal has awarded compensatlon of Rs.33,046/- and has also awarded interest @ 6% per annum fromthe date of application till realizatton. (3) It is not disputed by the leamed ccunsel for the appellant/claimart that the claimart did not suffer any permanent disability due to the injury sustained by hlm. There was a material diserepancy in the evidence of Dr. Akhilesh Yadav (AW-4) which was noted by the Tribunal in paralS of the award. Despite the fact that no petmanent disability was proved, the Tribunal has already awarded the compensation to the claimant under the following heads:- ^— ' 1 ("ffi^-fCT ,. -- ^ ^ ''iB"*'^ 'v!<^Sse'!-!y \9 1) Towards loss of income 2) Towards expenses incurred in treatment 3) Towards pain & suffering 4) Towards special diet 5) Towards conveyance 6) Towards medical expenses 7) Towards loss of income during hospitalizatjon Total Rs.14,000/- Rs.10,000/- Rs. 2,000/- Rs. \omi- Rs. 500/- Rs. 3,796/- Rs. 1,7SO/- Rs.33,046/. Priya (4) I am of the considered opinion that no ground fpr enhancement aS compensation is made out t^f the leamed counsel fbr the appellant. (5) In the resutt, the appeal being devoid of any nnerit isdisms^._ Sd/- \ Dilip Raosaheb Deshmukh t Judge