l^ ..-•'•y HIGH COURT OF CHHATTISGARH AT BILASPUR D!V!S!ON BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNiL KUMAR SINHA, J. APPELLANT/ Ciaimant i.A.(ClNo. 944 of 2008 Durga Prasad Yadav, S/o Sudhu Ram Yadav, Aged about 28 years, R/o Vijay Nagar Bhanpuri, P.S. Khamtarai Raipur, Tahsii & District Raipur (C.G.) Koushar Ali, S/o Asgar Ali, Aged about 35 years, R/o Near Masjit Moudha Para Raipur, Tahsil & District Raipur (C.G.) Shamim Ahamed, S/o Najir Ahamed, Aged about 40 years, R/o Raja Talab House No. 51, Raipur Tahsil S District Raipur (C.G.) National Insurance Company Ltd., Through: Divisionai Manager, Divisional Office, G.E. Road, Raipur, Tahsil & District Raipur (C.G.) MEMO OF MISCELLANEOUS APPEAL U/S 173 OF MOTOR VEHICLE ACT, 1988 Present: Shri C.R. Sahu, learned counsei for the appellant. ORDER !th (11m December, 2008) The following order of the Court was passed by Rajeev Gupta, C.J.: •Shri C.R. Sahu, learned counsel for the appellant is heard on admission. X 2) The Tribunal's record perused. A- .f^-^ ,» K ff & __ 1 S '<&'3:SKS9t.. 3 ^ ^SvS'^^'^S^^ ^i % ^e^'/ .^y ^ ---<; •V 3) Appellant Durga Prasad Yadav is seeking enhancement of the compensation awarded by the First Add'rtional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 24.04.2008: passed in Claim Case No.29/2006. 4) ,As against the compensation of Rs.7,20,000/- claimed by the appellanVclaimant Durga Prasad Yadav, by filing a cialm petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 11.03.2006, the Tribunai awarded a total sum of Rs.18,153/- as compensation to the claimant along with interest @ 6% per annum from the date of filing of the claim petition, tl!l the date of actual payment. 5) Shri C.R. Sahu, (earned counsel for the appellant vehemently argued that the compensation of Rs.18,153/- awarded by the Tribunal is too iow in comparison to the serious nature of the injuries and fractures sustained by the appellant/claimant in the motor accident. 6) The Tribunal awarded a sum of Rs.5,653/- towards medicai expenses; Rs.500/- towards special diet; Rs.500/- towards attendant; Rs.500/- towards conveyance allowance; Rs.9,000/- towards loss of income for a period of three months during which the claimant could not pursue his occupation; Rs.2,000/- towards pain and suffering. The Tribunal, thus, awarded a total sum of Rs..18,153/- as compensation to the claimant. 7) For the reasons best known to the appellant/claimant, no doctor was examined before the Tribunal to establish that the fr s ^' '"^f y subbu injuries sustained by the appellant/claimant in the motor accident resulted in any permanent disability. 8) In this state of evidence, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 9) The appeat, therefore, is liabte to the dismissed and is herebv dismissed summarily. Sd/- .^ChiefJustice Sd/- Sunil Kumar Sinha Judse X \: