^^ ,.f ^r- ^ ' '^ i L.^gS^, 1 ^i^OyjS '\'\... '^€/^ -^^"^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1047 of 2008 Appellant Respondents (. Balbir Singh Rana @ Veera, s/o Kirpal Singh Rana, aged about 35, r/o near Patta Godown 27-Kholi, tehsil & District Bilaspur C.G. VERSUS Subhash Yadav s/o Ganesh Yadav, aged about 34, R/o Rajendra Nagar, P.S. Civil lines, dist. Bilaspur C.G. (Owner & Driver of Maruti Alto Car reg.No. C.G.10BB/5205) National Insurance Co. Ltd. Division 15, 18 Ravindra Sarni Poddar Court Gate no. 4, 6th Floor, Kolkata West Bengal pin code No. 700001, through Branch Manager, National Insurance Co. Ltd. Vypar Vihar Road, Priyadarsani Nagar, Taha Compiex, Bilaspur C.G. (Insurer of Maruti Car No. C.G. 10BB/5205) Appeal under Section 173 ofthe Motor Vehicle Act. Present: Shri D.P. Singh, learned counsel for the appellant. ORDER (30th June, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. ^.. •:h^^ ^y^^y Shri D. P. Singh, learned counsel for the appellant is heard on admission. 2) AppellanVclaimant Balbir Singh Rana @ Veera is seeking enhancement of the compensation awarded by the 6th Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 27.02.2008, passed in Claim Case No.51/2007. 2) As against the compensation of Rs.67,00,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 03.03.2006, the Tribunal awarded a total sum of Rs.4,00,000/- as compensation along with interest @ 9% per annum from the date of filingof the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Balbir Singh Rana @ Veera sustained multiple serious injuries in the motor accident on 03.02.2006; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Maruti Alto bearing registration No.C.G.- 10/BB-5205; as the above offending vehicle Maruti Alto on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) The Tribunal considering the number and nature of the injuries said to have been sustained by the claimant in the motor accident and amount proved to have been spent on treatment, i;'^ ^. ^ awarded lump-sum of Rs.4,00,000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.4,00,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri D.P. Singh, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.4,00,000/- only though the appellant/ claimant sustained multiple serious injuries in the motor accident resulting in permanent disability to the extent of 45 - 50%. 6) In a motor accident claim case,what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 7) Now we shall examine as to whether the compensation of Rs.4,00,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Balbir Singh Rana @ Veera was aged about 35 years on the date of the accident. He was a Transport Operator by occupation. The accident in which the claimant claims to have sustained injuries took place on 03.03.2006. In the disabjlity certificate (Ex.P/7) dated 12.09.2006, the disability certified by the Medical Board was of 'temporarv nature' and was to the extent of 50%. The claimant filed another disability certificate (Ex.P/205) before the Tribunalwhich was issued by the subbu '\ Medical Board after more than 1 ^ years of the accident on 23.11.2007, whereby the claimant's disability was certified to the extent of 45% and significantly this subsequent disability certificate does not mention as to whether the disability was temporary nature or permanent. 9) The compensation of Rs.4,00,000/- 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 enhancement in this appeal. 10) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summari^ Sd/- Chief Justice Sd/- R.N. Chandrakar Judge