"r^K'iS^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLESHRI SUNIL KUMAR SINHA, J. IVIisc.ADpeal (0 No.999 of 2008 Raghuwansh Prasad Soni, S/o Satyanarayan Soni, aged about 40 years, Occupation Agriculture/Business, Caste - Sonar, R/o Village Dhur, P.S. - Odgi, Tehsil - Surajpur, Distt. Surguja (C.G.) Respondents No.1 1 Respondents No.2 2. Respondents No.3 3. (insurance Versus Akhand Prasad Kushwaha, S/o Pannelal Kushwaha, aged about 22 years, Caste - Koeir, Occupation Driver R/o Viilage - Kotrahi, P.S. - Basantpur, P.D. - Balrampur, Distt. Surguja (C.G.) Prayag Lal Kushwaha, S/o Ramvichar Kushwaha, aged about - 44 years, Caste - Koeir, R/o Village - Vadraphnager, P.S. Basantpur, Distt. Surguja (C.G.) The Oriental Insurance Company Limited, Through Branch Manager Ambikapur, Distt. Surguja (C.G.) Misceilaneous Appeal under Section 173 of the Motor Vehicles Act. 1988 Present: Shri Prasun Goyal, learned counsel for the appellant. ORDER (25th July, 2008) The fotlowing order of the Court was passed by Rajeev Gupta, C.J. -._-———-^. i-> '•s g ''&s I.. ''iia^^ ^f .'~> Shri Prasun Goyal, learned counsel for the appellant is heard on admission. 2. Appellant - Raghuwansh Prasad Soni, being dissatisfied with the quantum of compensation awarded by the Tribunal has filed this appeal under Section 173 of the IVIotor Vehicles Act for enhancement ofthe compensation. 3. As against the compensation of Rs.10,75,000/- claimed by the claimant for the injuries sustained by him in the motor accident, the Tribunal awarded a total sum of Rs.1,08,500/- along with interest 9% per annum from the date of filing of the claim petition till the date of actual payment. 4. Shri Prasun Goyal, learned counsel for the appellant vehemently argued that the compensation of Rs.1,08,500/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries sustained by the claimant in the motor accident. 5. The Tribunal has awarded a sum of Rs.25,000/- towards pain and agony; Rs.15,500/- towards medical expenses; Rs.15,000/- towards future treatment; Rs.15,000/- towards future ioss of income and Rs.48,000/- towards loss of enjoyment and amenities of life. 6. AW/3 - Dr. B.S. Sengar, examined by the claimant before the Tribunal for establishing the injuries and the disability suffered by the claimant, categorically stated that the disability suffered by the daimant on account of the injuries sustained in the accident was of temporary nature. The ctaimant used to run a Kirana Shop. In our opinion, the injuries suffered by the claimant in the motor accident ,;i;y:.--^tl ''1'-.- ! 1 •S^ K •a,. K:>—- subbu have not adversely affected his future earning capacity as a shop-keeper. 7. The compensation of Rs.1 ,08,500/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, does not call for any enhancemert in this appeal. 8. As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judse \: