HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPtA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Claimant Misc. Appeal (C) No. 76 of 2011 Anand @ Raju Yadav s/o Bodhan yadav aged about 20 years r/o village Sankara Thana Somni, distt. Rajnandgaon C.G. VERSUS 1 Bodhram Sahu, s/o Dhani Ram Sahu, age about 29 years, r/o village Bhatagaon, thana Lalbagh, distt. Rajnandgaon C.G. 2 Heeralal, s/o Janaklal, r/o village Kaldabri, thana Somni, distt. Rajnandgaon C.G. 3 Oriental Insurance Co. Ltd. through Branch Office, Kamthi Line, Rajnandgaon, distt. Rajnandgaon C.G. IVIemo of appeal under Section 173 of hflotor Vehicle Act Present: Shri Anand Shukla, counsel for the appellant. Shri S.P. Sahu,counsel on behalfofShri K.N. Chaturvedi, counsetfor respondent No.3. Respondents Driver Owner Insurer ORDER (11th October, 2011) The following order ot' the Court was passed by Rajeev Gupta, C.J. AppellanV claimant Anand @ Raju Yadav is seeking enhancement of the compensation awarded by the First ^s^ ^ ^--a. ^ S ^••i'sSSh. 8 lii 's^%^^i?-^i S! ^ 'vw// nW *<.•». •*L,i<t" .A.C.No.76of2011 Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 29.09.2010, passed in Claim Case No.175/2008. 2) As against the compensation of Rs.22,00,000/- 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 26.05.2008^the Tribunal awarded a total sum of Rs.3,41,800/- as compensation to the claimant 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 led before it held the Oriental Insurance Company Limited, the insurer of the offending Vehicle Tractor bearing registration No.C.G.-07-D/O113, liable to pay compensation to the claimant. 4) As the insurer of the aboveoffending vehicle Tractor has not filed any appeal against the impugned award 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.2,30,000/- towards medical expenses; Rs.91,800/- towards loss in the future earning capacity on account of permanent disability; Rs.5,000/- for pain and suffering; Rs.5,000/- for special diet; Rs.5,000/- for attendant; and Rs.5,000/- for conveyance. The Tribunal, thus, awarded a total ^y '•tesr-" ^' M.A.C.No.76of2011 sum of Rs.3,41,800/- as compensation to the claimant for the injuries sustained by him in the mptor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,41,800/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Anand Shukla, learned counsel for the appellant submitted that the Tribunal hgs erred in not awarding any sum towards loss of income during the period of treatment and in awarding low compensation of Rs.3,41 ,800/- only. 7) Shri S.P. Sahu, learned counsel appearing on behalf of Shri K.N. Chaturvedi, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Tractor, on the other hand, suppori:ed the award and contended that the compensation of Rs.3,41,800/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Anand @ Raju Yadav was aged about 20 years on the date of the accident. He was a Mason/ Labour by occupation. The claimant sustained multiple serious injuries including fracture of his right femur bone'in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant being a Mason/ Labour by occupation, on account of the fracture of his right femur bone, could not have performed his duties as Mason/ AC.No.76of2011 Labour for a period of 4 - 6 months, resulting in monetary loss to him. 9) The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of'treatment. 10) The compensation of Rs.3,41,800/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, ia 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.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.3,41,800/- 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.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.3,41 ,800/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 14) No order as to costs. —^—^. Sd/- Chief Justice R.N. Sd/- nimml Judga