HIGH COURT OF CHHATTISGARHAT BILASPUR DIVISIONBENCH Ctaimant RESPONDENTS CORAM: HON'BLESHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNiL KUMAR SINHA, J. Misc. Appeal (C) No. 975 of 2008 Santosh Kumar Sonkar, S/o Shri Kejauram Sonkar, aged about 35 years, R/o Vitlage Murra, Post-Tekari, Tehsil & Thana - Abhanpur, District - Raipur (C.G.) Versus 1. Wali Mohammad, S/o Ismile, [Driver], R/o Sindhi Bazar, Raipur, (C.G.) (Driver of the Vehicle Metador Bearing Regd. No. CG 04/G 8452) 2. Mohammad Yunus, S/o Abdui Latif, R/o Jaihind Garage, Bhaisthan, Thana Azad Chowk, District Raipur (C.G.) (Owner of the Vehicle Metador Bearing Regd. No. CG 04/G 8452) 3. The New India Insurance Company Limited, Through its Divisional Manager, The New India Insurance Company Limited, Kutohery Chowk, Raipur (C.G.) (insurer of the Vehicle Metador Bearing Regd. No. CG 04/G 8452) AppeaS Under Section 173 ofthe Motor Vehicles Act. 1988 Present: Shri Satyendra Sahu, learned counsel for the appellant. ORDER (21st July, 2008) The following order of the Court was passed by Raieev Gupta, C.J. By aliowing i.A. No. 01/2008, typed copy of the award filed along with this application is taken on record. 6^ y/ v".^ "s^-f:-^'" 2. Shri Satyendra Sahu, learned counsel for the appellant is heard on admission. 3. Appellant - Santosh Kumar Sonkar, is seeking enhancement ofthe compensation awarded by the Ninth Additional MotorAccident Claims Tribunal, (F.T.C.), Raipur, (for short 'the Tribunal') vide award dated 19-02-2008, passed in Motor Claim Case No.91/2007. 4. As against the compensation of Rs.8,22,000/- claimed by claimant - Santosh Kumar Sonkar for the injuries sustained by him in the motor accident on 13-03-2007, the Tribunal awarded a total sum of Rs.39,732/- along with interest @ 7.5% per annum from the date of fiting of the claim petition till the date of the actual payment. 5. Shri Satyendra Sahu, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.39,732/- only though the claimant sustained multiple serious injuries in the motor accident and spent substantial amount on his treatment. 6. AW-2 - Dr. G.S. Bachhu, examined by the appellant / claimant bsfore the Tribunal admitted in his cross-examination that the frijuries and the fractures sustained by the claimant in the accident did not result in any shortening of leg. He further admitted that the injuries and the fractures did not adversely affect the future earning capacity of the claimant and the claimant was fit to pursue his occupation as a mason. 7. in this state of evidence, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. .c?T\ ^ ^"""^ "'^- s? ^. • .. ^. s s S ""BBSK1i i "^^ _^ ^ subbu 8. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. - - -——-- Sd/- Chief Justice Sd'- Sunil Kumai- Sinha Judge