HIGH COURT OF CHHATTISGARH AT BILASPUR DIVJSJON BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI R.L. JHANWAR, J. {v ^ AppeJSant Claimant Misc. AppeaS No.1388 of 2005 Chandrabhanu Patel, S/o Setram Patel, Aged. about 34 years, Occupation - Former and Tailor, R/o ViiJage - Phoolbandhia, Tahsil Kharsia, District Raigarh (CG) Respondents Non-Applicants Vehicle Owner Versus Johnson, S/o Tulsi Markam, Aged about 27 years, Occupation - Driver, R/o Nainpur, District Mandala, at presently R/o M/s Prasad & Company Tulsi Bhawan, Hamalpara, Kharsia, District - Raigarh (CG) M/s Prasad & Company, Tulsi Bhawan, Hamalpara, Kharsia, District - Raigarh (CG) United India Insurance Co. Ltd., Through Branch Manager, United India Insurance Co. Ltd., In front of Gopi Talkies, Tahsil & District - Raigarh (CG) MiscelJaneous Appea! under Section 173 of the MotorVehiclesAct. 1994 Present : Shri Amit Sharma and Shri Basant Dewangan, counsef for the appellant. None for respondents No.1 and 2. Smt Chitra Shrivastava, counsel for respondent No.3. ORDER ?th (06tnlVlay,2011) '^'.'^T'^^ ^"% 'x" The foliowing order of the Court was passed by Rajeev Gupta, C.J. Appeliant/ Claimant Chandrabhanu PateJ is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 29.09.2005, passed in Claim Case No.45/2004. 2) As against the compensation of Rs.8,33,782/-, claimed by the appellant/ctaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 16.06.2003, the Tribunal awarded a total sum of Rs.60,490/- as compensation along with interest @ 7.5% per annum frorri the date of filing of the daim petition till the date of actual payment. 3) The Tribunal hetd the insurer of the offending vehicle dumper bearing registration No.MP-16/T/4972 liable to pay compensation to the ciaimants. 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.45,000/- towards loss in the future earning capacity on account of the permanent disab'ility to the extent of 20%; Rs.5,000/- towards conveyance; Rs.4,500/- towards attendant; Rs.3,750/- for loss of income during the period of treatment; Rs.2,000/- for pain and suffering; and Rs.240/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs.60,490/- as compensation to the ctaimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above 6 .-.^^ w^^y ^- amount of compensation of Rs.60,490/- @ 7.5% per annum from the date of filing of the claim petition till the date of actuat. payment. 4) Shri Amit Sharma and Shri Basant Dewangan, iearned counsel for the appellant submitted that the Tribuna! has erred in awarding low compensation of Rs.60,490/- only, though the appellanVciaimant on account of the fracture of his left shouider has been rendered unfit to pursue his occupation as tailor. 5) Smt Chitra Shrivastva, iearned counsel for respondent No.3 the United India Insurance Company Limited, the insurer of the offending vehicle dumper on the other hand contended that the compensation of Rs.60,490/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeai. 6) Claimant Chandrabhanu Patel was aged about 34 years on the date of the accident. He was tailor by occupation. The claimant sustained multiple serious injuries including fracture of his left shoulder is established from the evidence of AW5 Dr AM Shrivastava, who treated the ciaimant for the injuries sustained by him in the motor accident. It is a matter of common knowledge that substantiat amount is required to be spent on the treatment of fractures. The claimant, being a taiior, on account of the fracture of hjs left shoulder, could not have performed his duties as tailor for a period of 4 to 6 months resulting in monitory loss to him. The Tribunal has certainly erred in awarding only Rs.240/- towards medicat expenses and Rs.2,000/- for pain and suffering. 7) The compensation of Rs.60,490/- awarded by the Tribunai when examined in the context of the above mentioned broad z'/ •%: '-'::%^^ 1 ^ / ,-^y features of the case, in our opinion, is certainly on the lower side and deserves fo be enhanced suitably. 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.60,490/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 9) 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.30,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum ot Rs.60,490/- awarded by the Tribunal. 10) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Claims Tribuna!. 11) No order as to costs. Sd/- duef .Justice Sd/- R.L.Jhanwar Judge padma