F i HIGH COHRT OF CHHATTISGARH AT BILASPUR DWISION BENCH CORAM: HGN‘BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal No. 7S6 of 2004 Misc. Appeal UIS 173 of the Motor Vehicles Act. Present: Shri S.K. Guha, counsel for the appellant. w Shri Vikram Dixit, counsel for respondents No.1 & 2. Shri Sudhir Agrawal, counsel for respondent No.3. ORDER r (29m October, 2010) The following order of the Court was passed by Rajeev Gupta, CJ. Appellant Kuleshwar. Son of Shri Khol Bahra, Claimant I aged about 3O years, Resident of V . village —- Odan, Tehsil — Palari, District Raipur (Chhattisgarh) VERSUS Respondents 1. Charandas, son of Sudhru Satnami, resident of village — Odam, PS / Teh. Palari, District — Raipur (Chhattisgarh) Pokhanlal, son of Shri Sudhru Satnami, aged about 27 years, resident'of village — Odam, PS l Teh ' Palari, District — Raipur (Chhattisgarh) 3. The New India insurance Co. Limited, through : the Divisional Manager, Kachhari Chowk, Medina Building, Raipur (Chhattisgarh) Appellant Kuleshwar is seeking enhancement of the compensation awarded by the Second Additional Motor Accident ‘Claims Tribunal, Baloda Bazar, (for short ‘the Tribunal’) vide 3award dated 06.05.2004, passed in Ciaim Case No.46 of 2003. 32) As against the compensation of Rs.9,25,000/. claimed by §the appellanticlaimant, by filing a claim petition under Section 166 ‘of the Motor Vehicles Act for the injuries sustained by him in the V . motor accident on 30.04.2003, the Tribunal. awarded a total sum of Rs.34,900l: as compensation to the claimant. 3) Shri S.K. Guha, "learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.34,900i- only though the appellantlclaimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability. 4) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Kuleshwar sustained multiple injuries in the motor accident on 30.04.2003; the accident occurred due to rash and negligent driving of the driver of the o‘ffending vehicle Tractor Trolley bearing registration No.CG-04D/1 363 and 1364, respectively; though the Tractor Trolley, on the date of the accident, were insured with the New lndia Insurance Company Limited, as the Insurance Company succeeded in establishing breach of the policy conditions, the insurance Company was not liable to pay compensation to the claimant and the liability in that behalf was that of the owner and driver of the Tractor Trolley; ' v-\ J 5) The Tribunal Considering the number and nature of the ihjuries proved to have been sustained by the claimanhin the rnotor accident and the amount proved to have been spent on his treatment, awarded Rs.13,300/- towards medical expenses; ésJOQOOI- towards pain and suffering; Rs.5,000i- towards arievous injury; Rs.3,UOO/- towards future treatment; Rs.1,5001r' towards loss of inoome d’uring the period of treatment; Rs.1 ,500l- towards attendant; and Rs.600/- towards speciai diet. The ~ Tribenai, thus, awarded a total sum of Rs.34,900/- as compensation to the claimant for the injuries sustained by him in the motor accident. 6) Considering the fact that, the claimant could not establish that the injuries and fractures sustained by him in the motor accident resulted in any permanent disability and the bills and vouchers produced by the claimant before the Tribunal were to ‘ the extent of Rs.13,300/- only, we are satisfied that the compensation of Rs.34,9001- awarded by the Tribunal is just and I proper compensation in the facts and circumstances of the present case and the same does not call for any enhancement in this appeal. 7) The appeal filed by the appellant! claimant for enhancement of thezcompensation, therefore, is liable to be dismissed and is hereby dismissed. 8) No order as to costs. l sci/- Chief Justice; i i i