HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 464 of 2003 Appellant . Anil Kumar Kohali, aged about 30 Original applicant years, s/o. Shri Mohan Ram Kohali, , R/o Idgah Bhata, Post & Dist. Raipur C.G. V‘, V/‘ VEUS RS ResSondents ‘ 1. Jai Ram Mehar, s/o. Mahadeo Original Non- - Meher, R/o T.P. Nagar, Bhilai — 3, applicants district Durg C.G. Prabhunath Baitha, s/o Bharat Baitha, R/o. new Khursipar Bhilai, , distt. Durg C.G. 3. The New India Assurance Company Limited, 'through Divisional Manager, the New India Assurance Co. Ltd., Madina Manzil, Jail Road, Raipur C.G, MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri Gautam Bhaduri and Shri S.S. Rajput, counsel for the appellant. None for respondents No. 1 and 2. Shri Shreekumar Agrawal, Senior Counsel with Shri Anand Gupta, counsel for respondent No.3. ORDER (22"d March, 201 1) order of the Court was passed by The following Rajeev Gupta, C.J. 1" Appellant/ Claimant Anil Kumar Kohali is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 22.01 .2003, passed in Claim Case No.1 1/2002. 2) As against the compensation of Rs.11,00,000/- claimed 6y 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 23.12.2001, the Tribunal awarded a total sum of Rs.1,23,193/— which was rounded off to Rs.1,23,200/- 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 that claimant Anil Kumar Kohali sustained multiple serious injuries including fractures in the motor accident on 23.12.2001; the accident occurred due to rashVvand negligent driving of the driver of the Offending vehicle truck/trailor bearing registration No.M.P.24C/3161; as the above offending vehicle ‘ truck/trailer on the date of the accident was insured with the New lndia lnsurance Company Limited and the lnsurance Company could not establish any breach of the policy conditions, the lnsurance Company was liable to pay compensation to the claimant. 4) As the respondents have not tiled any appeal against the award, the above findings recorded by the Tribunal have now attained finality. . \ ® 5) The Tribunal considering the number and nature of tKe injuries proved to have been sustained by the ciaimant in the motor accident and the amount proved to have been spent on treatment, avvarded Rs.63,193/— towards medical expenses and Rs.60,000/- towards loss in the future earning capacity. The Tribunal, thus, assessed the total compensation at Rs.1,23,193/— which was rounded off to Rs.1 ,23,209/—. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,23,200¥- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Gautam Bhaduri and Shri SS Rajput, 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; attendant; special diet and conveyance; and in awarding low compensation of Rs.1 ,23,200/— only. y a ‘7) Shri Shreekumar Agrawal, learned Senior Counsel with Shri Anand Gupta, learned counsel for respondent No.3 the New India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.1,23,200/— awarded by the Tribunal is just and proper compensation in the ’ facts and circumstances of the present case. 8) Claimant Anil Kumar Kohali was aged about 38 years on the date of the accident. l—le was driver by profession. The bills ;and vouchers produced by‘the claimant before the Tribunal in regard to x . . a . ‘ the medical expenses were to the extent of Rs.63,193/— and the Tribunal has'awarded medical expenses to the tune of Rs.63,193l—. 9) The Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; special diet; attendant and conveyance. 10) Considering all the reievant aspects of the matter, we are of the opinion that further award of Rs.30,000/- inciusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,23,200/— awarded by the Tribunai as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.30,000/— inclusive of interest component on the enhanced amount of compensation in additionto the sum of Rs.1 ,23,200/- awarded by the Tribunal. 12) Respondent No.3 the New India insurance Company Limited is granted three months’ time for depositing the total sum of Rs.30,000l— before the concerning Claims Tribunal. x 13) No order as to costs. ‘ i | Sd/- Chief Justice padma f '