^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI N.K. AGARWAL, J. Appellant AppSicanS Respondents IVIiscADDeaS(C).No.411 of 2008 Shyamsai @ Sonsai, son of Krishnu Sidar, aged about 30 years, resident of Viltage AIiwara, Tahsit Churiya and District Rajnandgaon (Chhattisgarh) VERSUS Prakash Singh Rajput, son of Chopsingh Rajput, aged about 25 years, resident of Tethwar Para, Ward No.18, Dongargarh, Tahsil Dongargarh, Distict Rajnandgaon (Chhattisgarh) Chopsingh Rajput, son of Dadubal Singh Rajput, aged about 65 years Occupation Mini Bus Transport, resident of Tethwar Para, Ward No.18, Dongargarh , Tahsil Dongargarh, Distict Rajnandgaon (Chhattisgarh) The New India Assurance Company Limited, through, Branch Manager, Power House, Bhilai, Tahsil and District Durg (Chhattisgarh) IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri H.B, Agrawal, Senior Counsel with Smt. Meera Jaiswal, counsel for the appeliant. Shri Deepak Gupta, counsel for respondent No.3. ORDER (09mSeptember,2011) ^*fT^^-.. //^' :1 fcl-?^^ 1 1 ^^"-•^IJ' ;^. 'wy o/ MAC No.411 of 2008 The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 19.12.2007, passed in Claim Case No. 149/2007. 2) As against the compensation of Rs.14,06,000/-, claimed by the appelIanVdaimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 20.11 .2004, the Tribuna! awarded a total sum of Rs.75,500/- as compensation along with interest @ 12% 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 New India Assurance Company Limited, the insurer of the offending vehicle Mini Bus bearing registration No.CG 09 /0010 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Mini Bus has not filed any appeat 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 ciaimant inthe motor accident and the amount proved to have been spent on treatment, awarded Rs.45,500/- towards medical expenses; Rs.25,000/- towards loss of future earning capacity on account of permanent disability; Rs.2,000/- for pain and suffering; Rs.2,000/- for />^ris%.. i fc-^. '^ MACNo.411 of 2008 V/ l!.i misceilaneous expenses during hospitalization; and Rs.1,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.75,500/- as compensatioh to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.75,500/- @ 12% per annum from the date of filing of the claim petition tilt the date of actual payment. 6) Shri HB Agrawal, learned Senior Counsel with Smt. Meera Jaiswal, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards toss of income during the period of treatment; conveyance; and attendant; in awarding iow sum of Rs. 2,000/- and Rs.1,000/- towards pain and suffering and special diet; and in awarding low compensation of Rs.75,500/- only though the appellanVclaimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Deepak Gupta, learned counsel for respondent No.3 the New India Assurance Company Limited, the insurer of the offending yehicie IVIini Bus on the other hand supported the awarded and contended that the compensation of Rs.75,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Shyamsai @ Sonsai was aged about 30 years on the date of the accident. He was a labour by occupation. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial :?^ aH MACNo.411 of 2008 amount is required to be spent on the treatment of fractures. The claimant, being a labour, could not have performed his duties as labour on account of the fractures sustained by him in the motor accident, resulting in monitory loss to him. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment; coRveyance and attendant; and in awarding low sum of Rs.2,000/- and Rs.1,000/- towards pain and suffering and special diet. 9) The compensation of Rs.75,500/- 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 and deserves to be enhanced to some extent. 10) 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.75,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/claimant for enhancement ofthe 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 of Rs.75,500/- awarded by the Tribunal. l^ MACNo.411of 2008 12) Respondent No.3 the New India Assurance Company is granted three months' time for depositing the total sum of Rs.30,000/- before theconcerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge u< •^