?5. HIGH COURT OF CHHATTISGARH AT BILASPUR CORAM: DtVISION BENCH HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR J. AppeMant/: Applicant Misc. Aooeal No. 22 of 2004. Ramakant Tnwari s/o late Shri Bachhan Tiwari, aged about 63 years, R/o Hind Kirana Store, village. Umarpoti-bhata, Post Purai, Tahsil & District Durg (C.G.) Resoondents/: 1 (Non-applicants) Versus S.P. Chandrashekhar, S/o S.V. Rao, aged about 23 years, R/o Sector - 2, Street No. 16, Blcok No. 16, A.P.S. Bhilai Nagar, District Durg (C.G.) Drtver of Vehicte No. M.P. 24 YA 2808. S.V. Rao, S/o late S.P. Rao, R/o Sector- 2, Street No. 16, Block 16A, P.S. Bhilai N^ar, District Durg (C.G.) Owner of Vehicte No. M.P. 24 YA 2808. The New India Assurance Co. through Divisional Manager, New India Assurance Co. Opp. Prpject Automobiles, Thakkar Chambers, G.E. Road, Power House Bhilai, Tahsit & Distrtet Durg (C.G.). Insurer of Vehtote No. M.P. 24 YA2808. (Miscellaneous appeal under Section 173 of the Motw VehiclesAct1988) Present: Shri Amiyakant Thwari, leamed counsel for the appetlant. None for respondents No.1 & 2 though served. Shri Shree Kumar Agrawal, leamed Senior Counsel with Shri Anand Gupta, leamed counsel for respondent No.3. ORDER (26th Augusit, 2010) The following order of the Court was ^ssed by Rajeev Gupta, C.J. Appetlant Ramakant Tiwari is seeking enhancement of the compensation awarded by ttie Fourth Additional Motor Accident Claims Tribunal, Durg (for short the Tribunal') vide award dated 22 09.2003, passed in Claim Case No.169/2001. 2) As against the compensation of Rs.6,59,(XX)/- claimed by the appellant/ claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, Tor the in|uries sustained by him in the motor accident on 22.11.2XX), the Tribunal awarded a total sum of Rs.45,0(X)/- as compensation along with interest @ 6% per annum from the date of flling of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of ttie entire evidence led before it heM that claimant Ramakant Thwari su^ained injuries In the motor accident on 22.11.2000; the accident occurred due to rash and negligent driving oftfte scooterist ofthe scooter bearing registratton NO.MP24 YA-2808; as the above scooter, on the date pf the accident was insured with the New tndia tnswance Company Limited, the Insurance Company was liable to pay compensation to the claimant. 4) The Tribunal considering the number and nature of the injuries proved to have been sustained by the clatmant in the motor accident awarded Rs.25,000/- towards permanent disability; Rs.10,000/- t<wards pain and suffering; and 3"'*q^ ^ "^ ^^ ^ Rs.10,000/- towards special diet and ather incidental expenses. The Tribunal, thus, awarded a total sum of R8.<^,000/- as compensatlon to the claimant. The Tribunal Turther directed payment of interest on the above amount of compensation of Rs.45,000/- @ 6% per annum from the date of flling of the claim petition titl the date of actual payment. 5) Shri Amiyakant Thwari, leamed counsel for the appellant submitted that the Tribunal has erred in awarding lcw compensition of Rs.^,000/- only though the appeltanV ctaimant sustained multiple serious injurtes includir^ fractures in the motor accldent resutting in permanent disabflity to the extent of 35%. 6) Shri Shree Kumar Agrawal, leamed Senior Counset with Shri Anand Gupta, learned Gounsel for respondent No.3 the New India Insurance Company Limited, on the other hand supported the award and contended that the compensation of Rs.45,000/- awanted by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Claimant Ramakant Tlwari was aged aboirt 60 years on the date of the accident. The evidence of Dr.Dhananjay Jha establishe? that the claimant sustained fracture of hls right femur / tone in addition to other fractures. The claimant on account of the above fractures must have suffered physical pain and mental agony fora period of 4-6 months. The claimant claimed that he was running a generat store after his retirement from Bhitai Steel •Plant and on account of the fractures sustained by him in the "<k '\, :-",.^. ls ^ ;1>' .'.'' motor accident he could not attend to hte shop for a period of 4-6 months, resulting in monitory loss. 8) The compensation of Rs.45,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opTnion, is certainly on the lower side and deserves to be enhanced to some extent. 9) Considering all the relevant aspeets of the matler, we are of the opinion that further award of Rs.11,000/- inelusive of interest component on the enhanced amount of compensation would make the compensation of Rs.45,(XX)/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 10) The appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded furttier sum of Rs.11,000/- inclusive of interest component on the enhancal amount of compensation !n additlon to thesum of Rs.45,000/- awarded by the Tribunal. 11) Respondent No.3 The New India Insurance Company ,Limit«Jis granted three months' time for depositing the totat sum of Rs.11,000/- before the conceming Claims Tribunal. / •' 12) No order as to coste^ Sd/- Chief Justice subbu Sd/- R.N.Chandrakar Judge