';:"-^:'iliM^:^^^Kii*%^S®^^^S^% ^^^^s^^^i^S^jjsl^^^^^liji^'. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. KON'BLE SHR! RANGNATH CHANDRAKAR J. Appellant Claimant Respondents Misc. Appeal No. 751 of 2008 Mukesh Masih, S/o Chain Masih aged about 22 years, R/o Schoolpara, Jhilmila Police Station Saraipali, Dist Mahasamund (CG) Versy^ 1. Sukhtar Singh, .S/o Sardar Satnam Singh, Aged about 32 years, R/o Shyam Nagar, Telibandha, Sfreet No.2, Raipur 2. Keshar Singh, S/o Amar Singh, Satnami Road Can-ier Telebandha, Raipur, District Raipur (CG) 3. The New India Insurance Co Ltd., Sranch No.1 Second Fioor Raipur, Vikas Pradhikaran Bhawan, Bajrang Market, GE Road, Raipur (CG) Miscellaneous aopeal under Sedion 173 of the iViotor Vehides Act Present: Shri Raghavendra Pradhan, leamed counsel for the appe!!ant. ORDER (26th August, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Appeltant Mukesh Masih is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Mahasamund (for short the Tribunal') vide award dated 20-10-2005, passed in Claim Case No.90/2005. //'""..^ 1 2) As against the compensation of Rs.13,20,000/- claimed by the appellant/ claimant by filing a claim petftlon under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 13.02.2005, the Tribunal awarded a total sum of Rs.94,000/- as compensation along with interest @ 6% per annum from the date of fiting of the ctaim petition till the date of actual pavment. 3) Shri Raghavendra Pradhan, leamed counset for the appetlant vehemently argued that the Tribunat has erred in awarding low compensation of Rs.94,000/- only, though the appeltant/ ctaimant susrtained muttiple serious injuries including fractures in the motor accident resulting in permanent di^bility to the extent of 50%. 4) On due consideration of the submissions of leamed counsel for the appellant; the number and nature of the injuries said to have been sustained by the claimant fn the motor accident; and the other relevant aspects of the matter, we are of the opinion that the compensation of Rs.94,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancemert in thls appeat. 5) The appeal filed by the appetlant/claimant for 'enhancement of the compensation, therefore, fails and is hereby dismissed summarilv. Sd/- Ransnath ChandraKar Judge Chief Justice nimmi