3 HIGH COURT OF CHHATTISGARH AT BILASPUR ‘ —_——————_——-— DlVlSiON BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI N.K. AGARWAL, J. Misc. Appeal No. 701 of 2004 Ap§eliant Vinay Singh, S/o HP Singh, Aged about 29 years, Rlo Ambar Lodge, Ambikapur, PS & Teh Ambikapur, Distt Surguja (CG) Permanent Address : R/o Vill Tillusingh Ka Pura, PO Gaddopur, PS Maharajganj, Teh Badlapur, Dis’tt Jaunpur (UP) Respondents VERSUS Chhabra Bus Service through Propo Sardar Mahendra Singh Chhabra, Slo not known, R/o Ring Road Namnakalanagar, PS & Teh Ambikapur, Distt Surguja (CG) (Vehicle Owner) The Oriental Insurance Company, Branch Ambikapur, Near by State Bank, Sadar Road, Ambikapur Nagar PS & Teh Ambikapur, Distt Surguja (CG) (insurance‘Company) Md Shafique, @ Annual Hassan, S/o Manzoor Khan, aged about 38 years, Occupation - Vehicle Driver, R/o Mominpura, Nagar PS &Teh Ambikapur, Dist Surguja (CG) Slo Rjaram Sharma, aged about 35 years R/o Gouripara, PS & Teh Ambikapur, - Distt Surguja (CG) Memo of appeal under Section 173 of the Motor Vehicles Act. VPrahlad Sharma, N Prese;nt : Shri Sushi! Dubey, counsel for the appellant. \ i Shrl Abhlshek Sinha and Shri Varun Dubey, counsgl for respondent No.2. ORDER (30m June, 2011) l ‘ \ ‘ ‘ ‘ \ ‘ The following order of the Court was passed by %© \ Rajee‘v Gupta, C.J. 1 Appellant/claimant Vinay Singh is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Ambikapur, district ‘Surguja (for short ‘the Tribunai’) vide award dated 18.03.2004, passed in Claim Case No.46/2002. 2) As against the compensation of Rs.23,80,000/— 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 20.04.1999, the Tribunat awarded a total sum of Rs.4,92,080/— as compensation along with interest @ 10% per annum in the event of insurer’s failure to deposit the amount of compensation within 60 days of the passing of the award. 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.P.L/981 liable to pay compensation to the claimant. The Tribunal considering the number and nature of the injuries proved to have been Sustainedsby the claimant in the motor accident and the amount proved to have been spent on treatment awarded Rs.3,26,400/— towards loss in the future earning capacity; Rs.35,680/— towards medical expenses; Rs.30,000/— towards ‘ Ay\ copveyance and other incidental expenses; and Rs.1,00,000/— for pain and suffering. The Tribunal, thus, awarded a totalasum of Rs.4,92,080/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further dir}ected payment of interest on the above amount of compensation of 1Rs.4,92,080/— @ 10% per annum in the event of insurer’s faiiure to deposit the amount of compensation within 60 days of the passing u . of the award. 4) $hri Sushi! Dubey, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.4,92,080/— only; and in directing payment of interest in the event of insurer’s failure to deposit the amount of compensation within the stipulated period of 60 days. 5) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.2 the Oriental Insurance Company Limited, insurer of the offending vehicle Bus, on the other hand, contended that the Tribunal has awarded excessiVe sum of Rs.4,92,080/— as compensation to the claimant. 6) ln a motor accident claim 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. lt should neither be a meager amount of compensation, nor a v-x Bonanza. -\.. 7) Now we shall examine as to whether the compensation of ; Rs.4',92,080/— awarded by the Tribunal is just and proper compensation in the fac‘ts and circumstances of the present case. 8) ‘ Claimant Vinay Singh was aged about 29 years on the date of the accident. Though the claimant pleaded that he was partner in the iPawan Coal Company, no partnership deed or any other l documentary evidence was produced before the Tribunal to u t establish the above occupation of the claimant. The injuries and fractures sustained by the claimant in the motor accident led to amputation of his right leg above knee. The Tribunal assessed the income of the claimant at Rs.2,000/— per month and Rs.24,000l- per annum. Considering that the claimant suffered permanent disability to the extent of 80% on account of the amputation of his right leg, loss of future earning capacity was assessed by the Tribunal at Rs.19,200/- per annum. By multiplying the above amount of Rs.19,200/— with the multiplier of 17, the total loss of future earning capacity was worked out to Rs.3,26,400/—. The bills and vouchers produced by the claimant before the Tribunal in regar‘d to medical expenses were to the extent of Rs.35,680/- and the Tribunal has awarded the entire amount of Rs.35,680l— towards medical expenses. The Tribunal has awarded substantial ‘amount of Rs.1,00,000/- towards pain and suffering. 9) The compensation of Rs.4,92,080/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, is ust and proper j compensation In the facts and Circumstances of the present case and‘ does not call for any enhancement In this appeal 10)? Nevertheless the Tribunal has erred In dlrectrng only conditional payment of Interest In the event of Insurers failure to depoSIt l the amount of compensation within 60 days of the passing of the award. As the‘lnsurer of the offending vehicle in the present case: “t has in fact deposite’d the amount of compensation on 14.05.2004 i.e. within the stipulated period of 60‘days, the claimant has been deprived of the amount of interest to which he was otherwise entitled. 11) Considering all the relevant aspects of the matter including the delay in the disposal of the claim petition and the present appeal and the fact that the Insurance Company alone is not to be blamed for the entire delay in the matter we deem it proper to award a quantified sum of Rs.25,000/- towards interest on the amount of compensation awarded by the Tribunal. 12) For the foregoing ”reasons, the appeal tiled by the appellant/ claimant for enhancement of the compensation is allowed in part. While maintaining the amount of compensation of Rs.4,92,080/— awarded by the Tribunal, the claimant is awarded further sum of Rs.25,000/— towards quantified amount of interest on the compensation of Rs.4,92,080/- awarded by the Tribunal. - Edi N. K. Agarwal Judge i Sdl- Z _ l 14) l No order as to costs. ‘ Chief Justice l iiiiir m w 6 13X Respondent No.2 the Oriental Insurance Company Limited is gra;nted three months’ time for depositing the total sum of Rs.?5,000/— before the concerning Claims Tribunal.