HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc. Appeal (C) No. 925 of2010 Appellant Shankar Sharma, aged about 45 years, Claimant s/o late Rup Chand Sharma, r/o village - Lodhipara, Station Road, Raipur, Tahsil & Distt Raipur (CG) Respondents Non-apDlicants a VERSUS Sardar Singh Rajput, s/o Roop Singh Rajput, aged about 22 years, Occupation - Truck Driver, Village - Supreme Transport Raipur Chowk, PS DD Nagar, Raipur, Tahsil & Distt Raipur-Raipur(CG) (Non-applicantNo.1) M/s Supreme Transport Private Limited, through Executive Director Raipura Chowk, PS DD Nagar, Raipur, Tahsil & Distt Raipur - Raipur (CG) (Non-applicant No.2) The New India Insurance Company Limited, through Divisional Manager, Divisional Office No.2, Jivan Bima Marge Pandri (CG) through - Divisional Manager, Divisional Office, Police No. 450301/31/07/01/00006410 due date - 7/01/2008to06/01/2009 Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Pawan Kesharwani, counsel for the appellant. Shri Deepak Gupta, counsel for respondent No.3. MAC.No. 925 of 2010 (S) ORDER (31st October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the 9 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 28.10.2009, passed in Claim Case No. 137/2009. 2) As against the compensation of Rs.25,50,000/-, claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him, in the motor accident on 23.01.2008, the Tribunal awardeda total sum of Rs.1,03,280/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition tilt the date of actual payment. 3) The Tribunal on a close scrutinyof the entire evidence led before it held the New India Insurance Company Limited, the insurer of theoffending vehicle Truck bearing registration No.HR 63/7154 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. 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, ff'a^ i i '^ ~:.J] '•^"•^^sss^ t MAC.No. 925 of 2010 awarded Rs.40,000/- towards pain and sufTering and permanent disability; Rs.30,000/- for loss offuture earning capacity on account of permanent disability; Rs.18,000/- towards loss of income during the period of treatment; Rs.8,000/- for special diet, conveyance and attendant; and Rs.7,280/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs.1,03,280/- 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.1,03,280/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Pawan Kesharwani, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,03,280/- only, though the appellanVcIaimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Deepak Gupta, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Truck on the other hand supported the award and contended that the compensation of Rs.1,03,280/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case. 8) Claimant Shankar Sharma was aged about 45 years on the date of the accident. Though the claimant pleaded that he was working as Contractor prior to the accident, no documentary evidence was produced before the Tribunal for establishing the above occupation of the claimant. The claimant sustained multiple '/^^^ y €..L ' "t I %i?S-. '& ^ '••^.''^^^^ j^J MAC.No. 925 of 2010 serious injuries including fracture of his right femur bone is borne out from the evidence available on record. It is a matter of common knowledge thatsubstantial amount is required to be spent on the treatment of fractures. The claimant, on account of the fracture of his right femur bone, could not have performed his duties even if he was a labour, for a period of 4-6 months resulting in monetary loss to him. 9) The Tribunal, in our opinion, has erred in awarding only Rs.7,280/- towards medical expenses and Rs.8,000/- for special diet, conveyance and attendant. 10) The compensation of Rs.1,03,280/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,03,280/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanVclaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.21 ,0007- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,03,280/- awarded by the Tribunal. —\ MAC.No. 925 of 2010 13) Respondent No.3 the New India Insurance Company is granted three months' time for depositing the total sum of Rs.21,000/- before the concerning CIaims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma