1 ^di HJGHCOURTOFCHHATTiSGARHATBILASPUR DSVIS80N BENCH CORAM: j HON'BLESHRJRAJEEVGUPTA.CJ. I HON'BLE SHRI SUNSL KUMARSINHA, J. Appeilant --.<- Respondents Misc.Appeai No.409of2002 Siddharth Bhuwai, S/o Lalit : Kumar Singh Bhuwal, Aged about 18 years, residentof Sonpandar, PO : Parpodi, Tah : Saja, Dist: Durg (CG) VERSUS 1 Sagar SlnghRajput, S/o Shri Visha! Singh Rajput, Aged about 35 years, Driver by occupation, resident of Shanti Nagar, Rajnandgaon, Tah & Dist : Rajnandgaon (CG) (Driver of Bus NO.MP24C/2656) 2 Deva nand Jain Sikshan Sangh, running schoo! in the name of Deva Nand Jain Higher Secondary Schoot, GE Road Rajnandgaon, Tah & Distt Rajnandgaon (CG) (Owner of Bus NO.MP24C/2656) 3. The Oriental Jnsurance Company Ltd., Through Branch Manager, Branch Kamptee Line : Rajnandgaon, Tah & Distt Rajnandgaon (CG) (insurer of Bus NO.MP24C/2656) Appeai underSection 173ofiV!otorVehicSesAct. 1988 Present: Ms Sharmila Singhai and Shri Sanjay Agrawal, counsel forthe appellant. None fpr respondent No.1 though served. Shri Amit Sharma, counsel on behaff of Shri Anoop Majumdar, counsel for respondent No.2. Shri Ajay Mishra, counsei for respondent No.3. ORDER (23ra EVIarch,2010) ! II The folloWing order of the Court was passed ! by I. Rajeev Gupta, <^.J. i :,• •' : . . , . • • '•' ' . " ' Appellant jSiddharth Bhuwal is seeking enhancement of compensation a^varded by the First Additional Motor Accident Claims Tribunal,; Rajnandgaon (for short 'the Tribuna!') vide award dated 31.01.2002, passed in claim case No.13 of 2000. 2. As against the compensation of Rs.4,20,000/- claimed by theappeltant/claimant, byfiling claim petition underSeetion 166 of the Motor Vehicle Act, for the injuries sustained by him in the motor accident, the Tribunal awarded a totai sum of Rs.1,27,000/- as compensation along with interest @ 9% per annum from the dateof filing ofthe claim petition till the date of actua! payment. 3. The Tribunal on a close scrutiny of the entire evidence led before it, held that daimant Siddharth Bhuwalsustained multiple serious injuries in the motor accident on 20.12.1998; the accident occurred due to rash and negligent driving of the driver of the bus; as the bus on the dateof the accidentwas insured with the Oriental Insurance Company Limited, thelnsurance Company was liable to pay compensation to the claimant. 4. The Tribunai considering the number and nature of the injuries sustained by the claimant in the motor accident and the amount proved to have been spent by him on his treatment awarded Rs.1,11,000/- towards medical expenses; Rs.5,000/- towards pain and suffering; Rs.5,000/- for attendant; Rs.3,000/- for conveyance; and Rs.3,000/- forspecial diet. TheTribunal, thus, awarded a totai sum of Rs.1,27,000/- as compensation to the f ^^T:'?^S^S. G claimants for the inj'uries sustained by him in the motor accident. The Tribunalj further directed payment of interest @ 9% per annum from the date of fiiing of the claim petition till the date of actual payment, onjthe above amount of compensation of Rs.1,27,000/-. 5 . Ms Sharmila Singhai and Shri Sanjay Agrawa!, learned counsel for the appeliant submitted that the compensation of Rs.1,27,000/- awarded by the Tribunal is too low asthe daimant sustained multiple serious injuries in the motor accideht which adversely affected his studies for that year. 6. Shri Ajay Mishra, learned counsel for respondent No.3 Oriental Insurance Company Limited on the other hand supported the award and contended that the Tribunal has been quite liberal in awarding substantial compensation of Rs.1,27,000/-. 7 . Shri Amit Sharm^, iearned counse! for respondent No.2 also supported the award. 8. Claimant Siddharth Bhuwal was a student of 11th standard on the date of the accident. The evidence of AW/1 Dr Shridhar Diwan has established the injuries sustained by the claimant in the motor accident. It has further come in his evidence that the daimant remained hospitalized from 27.12.1998 to 03.02.1999. The medicai evidence establishes that, the daimant suffered fracture of peivis bone and corresponding internal injuryto his urethra. ' 9. The compensationof Rs.1,27,000^- 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 suitabiy. __L_^.—-L——.- ^- 10. In our | considered opinion, further award of Rs.1 |l ,0001- inclusive of Iraterest component would make the compensation of Rs.1,27,000/-j awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11. The appeal filed by the appellant/claimant for enhancement of thecompensation,therefore, is allowed in part. The claimant is awarded further sum of Rs.11,000/-, inclusiveof interest component on the enhanced amount of compensation, in addition to the sum of Rs.1,27,000/- awarded by the Tribunal. 12. Respondent No.3 Orientai 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. Sd/- ChiefJustice v>- Sd/- 1 Sunil Kumar Sinha Judge