HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH a CORAM: HON’BLE SHRI RAJEEV GUPTA, CJ. HON’BLE SHRI SUNIL KUMAR SINHA, J. sc. Appeal No..720 of 2005 Appellant Purushottam Séhu, age 43 years, Applicant S/o Kanhaiya Lal Sahu resi. Gram Belsari, Tah. & P.S. Takhatpur distt. Bilaspur C.G. VERSUS Respondents 1. Non—applicants Shekh Anvar Khan (Driver) s/o Shekh Saifuddin resi. Mandi Chauk Takhatpur, Tah, & P.S. Takhatpur, distt. Bilaspur C.;G. Prashant Kumar Dewangan S/o Shri Shyam Sundar Dewangan c/o A—1 Sweets, Near Bus Stand Takhatpur, Tah. & P.S. Takhatpur, dist. Bilaspur C.G. National Insurance Co. Ltd. through . BranchManager, Branch Office, B-1 Tata Complex, Ring“ Road, Priyadarshani Nagar, Bilaspur, Chhattisgarh. MEMORANDUM OF APPEAL UNDER SECTION 173VOF TH MOTOR VEHICLES ACT Present: . Shri Raj Kumar Gupta, counsel for the appellant. Shri Amit Kumar, Counsel for respondents No.1‘& 2. Shri Raj Awasthi, counsel for respondent No.3. ORDER (04th April, 201 1) The foliowing. order of the Court was passed by V Rajeev Gupta, C.J. Mi E @ Appellant/ Claimant Purushottam Sahu is seeking enhancement of the compensation awarded by the 41h Additional Motor Accident Claims Tribunal, Bilaspur (for short ‘the Tribunal’) vide award dated 31 .012005, passed in Claim Case No.33/2003. 2) As against the compensation of Rs.6,10,000/- 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 15.04.2001, the Tribunal awarded a total sum of Rs.1,30,000/— 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 Iéd before it held that claimant Purushottam Sahu sustained multiple serious injuries including fractures in the motor accident on 15.04.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Jeep bearing registration No.M.P.26E/8745; as the above offending vehicle Jeep on the dateof the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. a 4)’ As the respondents have not tiled any appeal against the J award, the. above findings recorded by the Tribunal have now 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 lump-sum of Rs.1,30,000/— as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above d amount of compensation of Rs.1,30,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment 6) Shri Raj Kumar Gupta, learned counsel for the appellant submitted :that the Tribunal has erred in awarding low compensation of Rs.1,30,000/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 40%. 7) Shri Raj Awasthi, learned counsel for respondent No.3 the National Insurance Company Limited, on the other hand, supported the award and contended that the Tribunal has awarded substantial sum of Rs.1 ,30,000/- as compensation to the claimant. 8) Shri Amit Kumar, learned counsel for respondents No.1 ‘Shekh Anvar Khan and No.2 Prashant Kumar Dewangan, the driver and owner of the offending vehicle Jeep also supported the award. 9) Claimant Purushottam Sahu was aged about 40 years on the . date of the accident. He was labour by occupation. He claimed that he used to earn Rs.100/— per‘day and Rs.3,000/— per month. The claimant sustained multiple fractures in the accident is o established from the evidence of AW3 Hemant Chatterjee. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures sustained by him in the motor accident could not have performed his duties as labour for a period of about 6 months, resulting in monetary loss to him. The claimant must have suffered physically and mentally on account of the fractures sustained by him. 10) The compensation of Rs.1,30,000/— 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 o 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.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,30,000/— 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.10,000/- inclusiVe of interest component on the enhanced amount of compensation in addition to the sum of J Rs.1 ,30,000/- awarded by the Tribunal. @ 13) Respondent No.3 the National insurance Company Limited is granted three months’ time for depositing the total sum of Rs.10‘000/- before the concerning Ciaims Tribunal. No orderasto costs. Sdl- i 1 Chief Jusu'ce‘ g, . = i ’Sri/u \. 1 ‘Jfiirril-Kumarsum: Judge \ \> Xx ,(J, \ i_