L f. •A HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Claimant Respondents Non-claimants Misc. Appeal (0 No. 918 of 2008 Smt. Gaytri Bai Nirmalkar, w/o late Ghasiya Ram Nirmalkar, aged about 48 years, occupation nothing, r/o Santoshi Nagar, Police Station Tikrapara, Raipur, Tehsil and district RaipurC.G. VERSUS 1. Mohammed Kasim s/o John Mohammed Musalman, aged about 31 years, occupation vehicle driver, r/o village Chhura, Police Station Chhura, Tehsil Gariyaband, district Raipur C.G. (Driver of vehicle Bus bearing registration No. C.G. 04/ZA-0480) 2. Mohammed Siddique, s/o Abdul Rahman Rahmaniya, occupation vehicle owner, r/o Subhash Nagar, Chhura, Police Station Chhura, Tehsil Gariyaband, district Raipur C.G. (Owner of vehicle Bus bearing registration No. C.G. 04/ZA-0480) 3 The National Insurance Company Ltd. Raipur'C.G., through Divisional Manager, Divisional OfRce, Mobin Mahal, G.E. Road, Raipur, district RaipurC.G. (Insurer of vehicle Bus bearing registration No. C.G. 04/ZA-0480) AppeaLunder Section 173 of the h/lotor Vehicle Act Present: Shri Shivendu Pandya, counsel for the appellant. Shri Goutam Khetrapal, counsel for respondent No.3 •\ -\ 1 ..•^?<?::::'^t^ /^"^..-fA. -'^t- .<'^''*-i!S, "s"ts tN 1 •^ ^ ?, ..~~""f-s s ^ ORDER (29th June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Smt. Gaytri Bai Nirmalkar is seeking enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 16.01.2008, passed in Claim Case No. 118/2007. 2) As against the compensation of Rs.7,50,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by her in the motor accident on 27.05.2007, the Tribunal awarded a total sum of Rs.10,839/- as compensation along with interest @ 7.5% per annum frorn 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 the insurer of the offending vehicle Bus bearing registration No.C.G.04/ZA/0480 liable to paycompensation to the daimant. 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.5,000/- towards pain and suffering; Rs.3,839/- towards medical expenses; and Rs.2,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.10,839/- '^, '£-^, "•-i'T' •;^^;.^^ '• ~~"'es ; <-.. as compensation to the claimant for the injuries sustained by her in the motor accident. 4) Shri Shivendu Pandya, 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; conveyahce; and attendant; and in awarding low compensation of Rs.10,839/-only. 5) Shri Goutam Khetrapal, learned counsel for respondent No.3 the National Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.10,839/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Claimant Smt. Gaytri Bai Nirmalkar was aged about 50 years on the date of the accident. She was working as a labour in a rice-mill earning Rs.120/- per day. The claimant sustained multiple injuries including fracture of her right hand is established from the evidence of AW3 Dr. S.P. Prajapati. 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 her right hand could not have performed her duties as labour for a period of about 2-3 months, resulting in monitory loss to her. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment. 7) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inclusive of ^'^ interest component on the enhanced amount of compensation would make the compensation of Rs.10,839/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 8) For the foregoing reasons, the appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in pari:. The claimant is awarded further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.10,839/- awarded by the Tribunal. 9) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 10) No order as to costs. — Sd/- 'Chief Justice Sd/.. R.N. Chandr "sl- nimmi