HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT Misc. Appeal (C) No. 437 of2007 Digeshwari Sahu Versus RESPONDENTS Ram Kumar Verma and others AWARD For consideratipn -3 j -10-2011 Sd/- Juage 3f -10-2011 Hon'ble Shri Justice Rajeev Gupta ^^r {/ Sd/- ChiefJustice ^. Post for pronouncement ofAward: ^.-11-2011 Sd/- N.K.Agarwal Judge "i '^-:.+T^--^-H^-^^~ HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL fC) No. 437 of 2007 APPELLANT Claimant Digeshwari Sahu, W/o Ramnarayan Sahu, Aged about 44 years, R/o New Changorabhata, Shiv Nagar, P.0. Sunder Nagar, Tehsil & District Raipur, C.G. RESPONDENTS Versus 1. Ram Kumar Verma, S/o Alakhram Verma, Aged about 40 years, R/o Dewada, Tahan Patan, Ditrict - Durg (C.G.) (Driver ofthe Vehicle Mini Bus Bearing Regd. No. GG 04/ZA 0292) 2. Yogesh Kumar Sharma, S/o Late Ramesh Kumar Sharma, R/o Village Panda, Thana Patan, District Durg (C.G.) Present Address - C/o D.S. Katlam, Sunder Nagar, Raipur (C.G.) (Owner of the Vehicle Mini Bus Bearing Regd. No. CG 04/ZA 0292) 3. The Oriental Insurance Corapany Limited, Through its Divisional Manager, The Oriental Insurance Company Limited, Jail Road, Raipur (C.G.) (Insurer of of the Vehicle Mini Bus Bearing Regd. No. CG 04/ZA 0292) APPEALUNDER SECTION 173 OF THE MOTOR VEHICLES ACT.1988 Coram: Hon. Shri Rajeev Gupta, C.J. & Hon. Shri N.K. Agarwal, J PRESENT:- Shri Suresh Tandon, counsel for the appellant. Shri Sudhir Agrawal and Shri P.Dutta, counsel for respondent No.3. AWARD (Passedon t -11-2011) V s^:^' cy Per N.K. Aearwal, J. This is claimant's appeal seeking enhancement in the amount of compensation awarded by the 14th Additional Motor Accidents Claims Tribunal (F.T.C.), Raipur (for short 'the Tribunal') vide its award dated 29.09.2006 in Claim Case No. 107/2006. 2. As against compensation of Rs.7,20,000/- claimed by the claimant - Digeshwari Sahu by filing claim appUcation under Section 163-A of the Motor Vehicles Act, 1988 (henceforth the Acf) for the injuries sustained by her in the motor accident on 29.01.2006, the Tribunal has awarded a total sum of Rs.42,500/- as compensation along with interest @ 9% per annum from the date of application till its actual payment. 3. The Tribunal, on a close scrutiny of the evidence led, held: the accident had occurred due to rash and negligent driving by the driver of Minibus bearing registration No.CG 04/ZA 0292); appellant, who was travelling in the said vehicle sustained injuries in the said accident; respondent No.3/the Oriental Insurance Company liable for pa3?ment of compensation as it could not establish violation of policy conditions; assessed and awarded Rs.42,500/- as compensation to the appellant along with interest at 9% per annum from the date of filmg of claim application till its actual payment. :rwTT"BTT •V. 4. Shri Suresh Tandon, learned counsel appearing for the appellants would submit: the amount of compensation of 42,500/-awarded by the Tribunal for the injuries sustained by the applicant is shockingly on lower side, which deserves to be suitable enhanced. 5. On the other hand, Shri Sudhir Agrawal and Shri P.Dutta, learned counsel appearing for respondent No.3 while not pressing cross-objection (I.A.No.2) preferred in the case supported the award and submitted: in the facts and circumstances of the case, the amount of compensation awarded by the Tribunal is just and proper compensation which does not call for any interference. 6. We have heard learned counsel for the parties and have perused the record of the Tribunal including the award impugned. 7. Indisputably, the accident had occurred on 29.01.2006. Treating doctor was not examined by fhe appellant to prove the injuries and resultant loss sustained by her in the said accident. Dr. Sandeep Sahu (A.W.2), who issued disability certificate (Ex.P.32) was not fhe treating doctor and as per his evidence, his opinion was on the basis of report of X-ray, taken by her on his advice. The X-ray report was not filed in fhe case. As per his statement paragraph 6, her injuries may be of pre-accident period. As per disability certificate ^s"' • ~ V (Ex.P.32), appellant's shoulder nioveraent was restricted resulting in 20% disability. 8. The Tribunal awarded Rs.7,500/- towards medical and other expenses, Rs.1000/- towards attendant, Rs.2000/- towards special diet, Rs.5000/- for pain and suffering, Rs.12000/- for loss of income incurred by her and Rs.15,000/- towards future treatment and thus the Tribunal has awarded total sum ofRs.42,500/- as compensation to the claimant for the injuries sustained by her in the accident. 9. The amount of compensation of Rs.42,500/- awarded by the Tribunal for fhe injuries sustained by the appellant, when examined in the context of above broad features of the case, in our opinion, there is no scope for enhancement in the amount of compensation awarded by the Tribunal. 10. For the foregoing, fhe appeal, being devoid of merit, is Uable to be and is hereby dismissed. The cross-objection preferred by respondent No.S/Oriental Insurance Company Limited is also dismissed as not pressed. 11. No order as to costs. Sd/- ChiefJustice Sd/- N.K. Agarwal Judge