^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant MiscADDeaKClNo.1429 of2009 Mohammad Iqbal, age about 1 9 years, S/o Mohammad Israjl, Caste - Mohmmadan R/o Vill Gunderdehi, PS Chowki, District Rajnandgaon (CG) VERSUS Respondents 1 Kailash Kumar, age about 46 years, S/o Non-applicants Naraysanlal Shroti, Cate - Brmhan, Occupation - Milk Dairy, R/o Kailash Nagar, Near Sharda Hospital, Rajnandgaon, district - Rajnandgaon (CG) 2 New India Insurance Company Limited, through - Zonal Manager, Zonal Office, Power House, Bhilai GE Road, District - Durg (CG) MisGellaneous Appeal under Section 173 of IVIotor Vehicles Act Present : Shri Rakesh Thakur, counsel for the appellant. Shri Dashrath Gupta, counsel for respondent No.2. ORDER (21st July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. z Appellant/claimant Mohammad Iqbal is seeking enhancement of the compensation awarded by the Additional 'c^\^'i ^.^•^^ ^:....^?l?Si tl 'm^-^'-^ ^ "^•^^•" '~j '^ <2^ PHN Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 07.05.2009, passed in Claim Case No.2/2009. 2) As against the compensation of Rs.10,15,000/-, 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 11 .02.2006, the Tribunal awarded a total sum of Rs.53,880/- 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 jed before it held the New India Insurance Company Limited, the insurer of the offending vehicle Maruti Van bearing registration No.CG-08 5264 liable to pay compensation to the daimant. 4) As the insurer of the offending vehicle Maruti Van 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.25,880/- towards medical expenses; Rs.20,000/- towards permanent disability; Rs.5,000/- for loss of studies for one year; and Rs.3,000/- for pain and suffering, special diet, attendant and .conveyance. The Tribunal, thus, awarded a total sum of Rs.53,880/-, as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further T ciA directed payment of interest on the above amount of compensation of Rs.53,880/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Rakesh Thakur, learned counsel for the appellant submitted that the Tribunal has erred in awarding only Rs.3,000/- towards pain and suffering, special diet, attendant and conveyance; and in awarding low compensation of Rs.53,880/- only, though the appellant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 30%. 7) Shri Dashrath Gupta, learned counsel for respondent No.2 the New India Insurance Company Limited, the insurer of the offending vehicle Maruti Van, on the other hand contended that the compensation of Rs.53,880/- awarded by the Tribunal cannot be termed as inadequate so as to warrant in this appeal. 8) Claimant Mohammad Iqbal was aged about 18-19 years on the date of the accident. He was a student of 10th standard. The claimant admittedly was not having any independent income of his own. It is true that the claimant lost one year of his educational career as he could not appear in the examination on account of the fracture of his left femur bone. The disability certiflcate Ex.P/26 was issued by AW/2 Dr Prakash Bhale Rao after more than two years of the accident. Admittedly, Dr Prakash Bhale Rao never treated the claimant for the injuries sustained by him in the motor accident. i-.-.ill;i~ 1.1 ^^ padma 9) The Tribunal apparently erred in awarding only Rs.3,000/- towards pain and suffering, special diet, attendant and conveyance. 10) The compensation of Rs.53,880/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.53,880/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) 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.1 1,000/- inclusive of interest component in addition to the sum of Rs.53,880/- awarded by the Tribunal. 13) 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. 14) No order as to costs. Sd/- ChiefJustice ;>. ^ SdA R-N- Chand^b,, re ,f '.^ ^l ""•. ^'