'••Baii<<a. •-a,. "^. s^ ^ "- iraiiS^T^ •^M^S. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellant Claimant Respondents Driver Owner Insurer Nlisc. Appeal No. 1146 of 2004 Nand Kumar S/o Dhanwar Singh Nishad, aged about 25years, r/o Labour Colony, Nandgahiyapara, near Durga Mandir, Zone-J, Khursipar, Bhilai, P.S. Pulgaon, distt. Durg C.G. VERSUS 1. Radheshyam s/o Banthulal Dewanga.n s/o Contractor Colony 5 Road, Samta Nagar Supela, Bhilai, Tahsil and district Durg C.G. 2. Shayam Sunder Heliwal, s/o S.M. Heliwal, R/o Shanti Nagar, Bhilai, Tahsil and district Durg C.G. 3. National Insurance Company Ltd. Gill Complex, Gurudwara Road, Durg, Tahsil & District Durg C.G. IVIEWIORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri D.N. Prajapati, counsel for the appellant. None for respondents No.1 and 2 though served. . Shri Raj Awasthi, counsel for respondent No.3. ORDER ith (11InApril,2011) The following order of the' Court was passed by Rajeev Gupta, C.J. ^ \,- ..::1:. ^K^' -a.'1 .!.-^i ^ :i;^£ Appellant/ Claimant Nand Kumar is seeking enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Durg (fpr short 'the Tribunal') vide award dated 21.08.2004, passed in Claim Case No.85/2004. 2) As against the compensation of Rs.9,24,869/- claimed by 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 25.01.2003, the Tribunal awarded a total sum of Rs.49,906/- 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 Nand Kumar sustained multiple serious injuries including fractures in the motor accident on 25.01.2003; the above injuries and fractures resulted in permanent disability to the extent of 15%; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.C.G.07-ZC/3594; as the above offending vehicle Truck on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish ariy breach of the policy conditions, the Insurance Company was liable to pay-fipmpensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. ^. ^l^ih-^T'1 r 1 r7irpl uun<7^ta°"•"1-^-; I JB8 hhl' [fmiilannfiiui —"— 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.30,000/- towards loss in the future earning capacity on account of the permanent disability to the extent of 15%; Rs. 12,9067- towards medical expenses; Rs.5,000/- towards pain and suffering; and Rs.2,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.49,906/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.49,906/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri D.N. Prajapati, 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 and conveyance; and in awarding low compensation of Rs.49,906/- only. 7) Shri Raj Awasthi, learned counsel for respondent No.3 the National Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, submitted that as the extent of permanent.disability suffered by the claimant on account of the injuries sustained by him in.the motor accident is only to the extent of 15%, the compensation of Rs.49,906/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. ^ ©) wffiwr 8) In a motor accident daim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.49,906/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 10) Claimant Nand Kumar was aged about 24 - 25 years on the date of the accident. He was labour by occupation. The claimant sustained multiple injuries including fracture in the motor accident leading to permanent disability to the extent of 15% is established from the evidence of AW2 Dr. A.D. Urgaonkar. It has also come in the evidence of the doctor that the daimant suffered shortening of his left leg by one inch. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fracture of his left leg could not have performed his duties as labour for a period of about 3 -4 monthsresulting in monetary loss to him. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment, conveyance and attendant. 11) Considering all the relevant aspects of the matter, we are of the opinion that further-award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.49,906/- awarded by the Tribunal as just v^ and proper compensation in the facts and circumstances of the present case. 12) 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.25,0007- inclusive of interest component on the enhanced amount of compehsation in addition to the sum of Rs.49,906/- awarded by the Tribunal. 13) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu !& "i'iiiR ii ^ J ' l ,.i^^»JBS.