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.480 of 2009. Appellant Claimant Respondents Non-applicants Jagdish Ram Patel, S/o Shri Bhaggu Ram Patel, aged about 40 years, R/o village & Post Tumdibod, Tahsil & PS Dongargaon, District Rajnandgaon (CG) VERSUS Vinod Sonwani, s/o Birbal Sonwani, aged about 36 years, Occupation - Driver, R/o Ward No.3, Devri, Near Arya Provision Stores, PS Devri, District Gondia (MH) Iqbal Singh s/o Jagat Singh Khanuja, aged about 44 years, r/o ward No.4, Devri, Near Arya Provision Stores, PS Devri, District Gondia (MH) ICICI Lombard General Insurance Company Limited, Nagpur (MH) through ICICI Lombard GIC Station Road, Durg, District Durg (CG) Misc. Appeal under Section 173 of the Motor Vehicle Act. Present: Shri Amiyakant Tiwari, counsel for the appellant. Shri Amrito Das, counsel for respondent No.3. ORDER ith (14mJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. ^vy ?^sS£^^^ : ^ Appellant/ Claimant Jagdish Ram Patel is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 29.12.2008, passed in Claim Case No.04/2008. 2) As against the compensation of Rs.8,57,000/- claimed by the appellanV 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 13.09.2007, the Tribunal awarded a total sum of Rs.45,800/- as compensation along with interest @ 7% 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 ICICI Lombard General Insurance Company Limited, the insurer ofthe offending vehicle Marshal bearing registration No.MH-31-CP/1791 liable to pay compensation to the claimant. 4) 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.40,000/- towards permanent disability sustained by the claimant on account of the injuries and fractures sustained in the motor accident; Rs.2,000/- towards pain and suffering; Rs.1,000/- for conveyance; Rs.1,000/- for attendant; Rs.1,000/- for damage to the claimant's moped; and Rs.800/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs.45,800/- as compensation to the claimant for the injuries ^. ^:N. 1 cv/ sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.45,800/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Amiyakant Tiwari, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.45,800/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of40%. 6) Shri Amrito Das, learned counsel for respondent No.3, the ICICI Lombard General Insurance Company Limited, the insurer of the offending vehicle Marshal, on the other hand, supported the award and contended that the compensation of Rs.45,800/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Claimant Jagdish Ram Patel was aged about 40 years on the date of the accident. He was working as Supervisor in a private concern, Ganpati Solvent, getting salary of Rs.3,000/- per month. The claimant sustained fractures in the motor accident is established from the evidence of AW-1 Dr. Prakash Bhalerao. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures could not have performed his duties as Supervisor for a period of about 3 - 4 months, resulting in monetary loss to him. The Tribunal has certainly erred in not awarding any sum towards loss of income during the period of -] s i;. IININ^ treatment. The sum of Rs.2,000/- awarded by the Tribunal towards pain and suffering is also on the lower side. 8) The compensation of Rs.45,800/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.45,800/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 10) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.45,800/- awarded by the Tribunal. 11) Respondent No.3 the ICICI Lombard General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu