IN THE HIGH COURT OF JUDICATURE OF ATBILASPUR im M.A.(C.) No...t.u.o(.../2009 visjonBs APPELLANT: ,,.^^ ft^-^'^M^ ~^'S^i^' ^»l^*w'"'^^kt yt<*»^-_^.......%-c RESPONDENTS w' Tijmati Patel aged about 40 years, W/oChhatram Patel R/o Shankra P.S. Dharsiwa Raipur, Tahsil 85 Dtstifct RaipHT <C.G^j VERSUS 1) RameshKumarS/oSohanSingh Shidilya Occupation Truck Driver R/p Main Road Bhanupratappur, Tahsil Bhanupratappur District Kanker(C.G.) 2) Smt. Sandhya Sharma W/o AnU Sharina, R/Q Ganpati Transport Ring Road No.2, Bhanpuri Raipur District Raipur (C.G.) 3) The New India Insurance Company Lmiited Through: Divisiorial Manager, Divisiorial Qffice No.l Kachhari Chowk, Jail Road, Raipur (C.G.) MEMOOFAPPEALUNDERSEGTION1730FMOTOR VEHICLEACT 1988. ^&s^ 1 ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIUI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Wlisc. Appeal (ClNo. 1061 of 2009. Appellant Claimant Respondents Tijmati Patel, aged about 40 years, W/o Chhatram Patel, R/o Shankra P.S. Dharsiwa, Raipur, Tahsil & District Raipur (C.G). VERSUS Ramesh Kumar S/o Sohan Singh Shidilya, Occupation Truck Driver, R/o Mgin Road, Bhanupratappur, Tahsil, Bhanupratappur, District Kanker (C.G.). Smt. Sandhya Sharma, W/o Anil Sharma, R/o Ganpati Transport, Ring Road, No.2 Bhanpuri, Raipur, District Raipur (C.G.). The New India Insurance Company Limited, Through Divisional Manager, Divisional Office No.1, Kachhari Chowk, Jail Road, Raipur, (C.G). AppeaLynder Section 173 ofthe WlotorVehicle Act Present: Shri S.K. Guha, counsel forthe appellant. Shri Shailendra Sharma, counsel for respondent No.3. ORDER (28th July, 2011) The following order of the Court was passed by Rajeev Gupta,C.J. '<^. Appellant/claimant Tijmati Patel is seeking enhancement of the compensation awarded by the 10 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 25.02.2008, passed in Claim Case No.04/2007. 2) As against the compensation of Rs.8,75,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by her in the motoraccidenton 26.05.2006, the Tribunal awardeda total sum of Rs.14,527/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending Truck bearing registration No.C.G.04- ZC/1743, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal 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 awarded Rs.6,000/- towards loss of income during the period of treatment; Rs.5,000/- for pain and suffering; and Rs.3,527/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs. 14,5277- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal ,\ ^ further directed payment of interest on the above amount of compensation of Rs.14,527/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri S.K. Guha, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.14,527/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident and the claimant spent substantial amount on her treatment. 7) Shri Shailendra Sharma, learned counsel for respondent No.3 New India Insurance Company Limited, insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.14,527/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Tijmati Patel was aged about 40 years on the date of the accident. She was a labour by occupation. The claimant sustained multiple serious injuries including fracture of her clavicle bone is borne out from the material available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fracture. The claimant, being a labour, on account ofthe fracture of her clavicle bone could not have performed her duties as labour for a period of 2-3 months, resulting in monitory loss to her. The Tribunal certainly has erred in not awarding any sum towards special diet, attendant and conveyance. 9) The compensation of Rs.14,527/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further awardof Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.14,527/-awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeal filed by the appellanV claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.14,527/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 13) No order as to costs. g^. g^ Rangnathj^handrakar subbu ^^ 3 ':'®%^^'^^'