^^r'J- IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR ^ou^ngis^er M.A.fClNo. l2^S APPELLANT . ^1^^> ...^•^•'^ ,.,,^-,r;;^..^^ ,^-^ ^' 'RESPONDENTS ^.-Rajendra Kumar, S/o. Kaushal Prasad Sharma, aged about 35 years, R/o. Village- Shyamnagar, P.S. Nagod, Distt. Satna (M.P.) fOwner} VERSUS Hembai Thakur, W/o. Vikash Thakur, Aged about 28 years, R/o. ViUage- Boerbeda, P.S. Mainpur, Distt. Raipur (C.G.) (Claimanf) /o 2. Bel Kumar Sen/ Shyamlal Sen, Aged about 30 years, R/o. Rawan Bhata, Gariyaband, P.S. Gariyaband, Distt. Raipur (Driver) z 3. Regional Manager, Through: United India Insurance Co. Ltd. Krishna Complex, Kachhahari, Chowk, Raipur (C.G.) (Insurer) A EAL UNDER SECTIO]^173 QF THE MOTOR VEHICLE ACT. 1988 .^"l ^ HIGH COURT OF CHHATTISGARH AT BILA8PUR APPELLANT M.A.fO N0.125 OF 2011 Rajendra Kumar RESPONDENTS VERSUS Hembai Thakur aiid others. -^ \. APPEAL UNDER SECTION 173 OF THE MDTOR VEHICI£SACT (Single Bench: Hon'bleShriN-K.AiarwaLJ.) Presesit : Slm Manoj Mishi'a, counsel for tlw app^llasit. ORALORDER \ (Passed on 28th day ofMai-ch, 2011) 1. This is owner's appeal filed against the award dated 30-07"2010^-^,_, passed by Additional Motor Accident Claims Tribimal, Gari}/aband, District Raipur (for short 'the Tribunal9) m Claim Case No. 32/200,9 whereby and whereunder an amount: of Rs.50,400/" has been awarded to the claimant for the injuries sustained by her iii the accident dated 22"12-2008. 2. Brief facts of the case are that: on 22-12-2008 at about 12-00 noon, while the claimant was going Jrom Boerbeda to Gariyaband by Jeep bearing registration No. C.G. 04-ZD/7603, ncar Village Joba, said vehicle was dashed by another vehicle, as a result of which she sustamed giievous injuries m the said accident. 3. The claimant filed aii application before the Tribunal mider Section 166 ofthe Motor Vehicles Act, 1988 claimmg total compensation of Rs.4,30,000/- on different heads, for the mjuries sustamed by her in the said accident. 4. The Tribimal^ on appreciation of the evidence led, material placed dnd submissions made by the parties, held: accident occurred due to rash and negligent drivmg ofthe driver ofthe offendiiig vehicle; claimant did not sustam any peniiaiient disability, but due to head mjun7 sustained in the accident, she/ .\ 2 7. remamed m the Heritage Hospital, Raipur from 22-12-2008 up to 08-01-2009 and suffered Rs.38,126/- as medical expenses, awarded a sum ofRs. 50,400A as compensation. Leamed counsel appearmg for the appellant would submit: the amount awarded by the Tribunal is shockingly 011 higher side which desen-res to be suitably reduced. Having heard the counsel appearmg for the appellant and having pemsed the award impugiied, I do not find any illegality m the award impugiied passed by the Tribunal. The Tribunal after considermgthe medical cxpenses suffered by the claimant, awarded the aforesaid compensation which camiot be said to be on higtier side. For tlie reasoiis mentioned hereinabove, fhe appeal being devoid of substance is liable to be and is hereby dismissed. No order astocoste. .t -. Sd/- N.K.Agarwal Judge Kvr