HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRISUNIL KUMAR SINHA, J. M.A. (0 No. 616/2009 c, Appellant Claimant Respondents Owner Versus 1. Driver 2. Insurer 3. ^ Chandrabal Jha S/o Yashodhar Jha Aged about 52 years Cast Brahman, Occupation - Vanpal Area East Dhourpur Sarguja Vanmandal Ambikapur Village Lundra PS + Tah Lundra District Sarguja CG Mohd Kamrujma S/o Mohd Tbark Hussain, Aged aboyt 70 years Cast Musalman, Occupation Bus Owner R/o Mominpura (Parradand) Street, Ambikapur District - Sarguja CG Aditya Thakur S/o Late Mahabir Thakur Aged about 42 years, Occupation - Driver R/o Chandni Chouk Mayapar Nagar, Street (In house of Kamrin Sao) District Sarguja CG New India Insurance Company Ltd., Through Manager New India Insurance Company Ltd., Korba DistrictKorba CG APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Present: Shri Ghanshyam Patel, learned counsel for the appellant. ORDER (5th May, 2009) The following order of the Court was passed by RajeevJ^upta, C.J. 'lS 'fi ^' By allowing I.A. No. 01/2009, the appellant is granted exemption from filing certified copy ofthe impugned award. 2. Shri Ghanshyam Patel, learned counsel for the appetlant is heard on admission. 3. Appellant Chandrabali Jha is seeking enhancement of the compensation awarded by the First Additional IVlotor Accident Claims Tribunal, Ambikapur, Sarguja (for short 'the Tribunal') vide award dated 12.12.2008, passed in Claim Case No. 26/2006. 4. As against the compensation of Rs.6,05,720/- claimed by appellant/ claimant Chandrabali Jha by filing a claim petition under Section 166 of the Mptor Vehictes Act, for the injuries sustained by him in the motor accident on 18.02.2006, the Tribunal awarded a total sum of Rs.81,069/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 5. Shri Ghanshyam Patel, learned counsel for the appellant vehemently argued that the compensation of Rs.81,069/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries and fractures sustained by the appellant/claimant in the motor accident. 6. The Tribunal awarded Rs.58,969/- towards medical expenses; Rs.5,000/- towards special diet; Rs.15,000/- towards pain and suffering and Rs.2,100/- for attendant. The Tribunal, thus, awarded a total sum of Rs.81,0697- as compensation along with interest @ 9% per annum from the date of filing of the claim petitiori, 7. Shri Ghanshyam Patel, learned counsel for the appellant could not dispute that the injuries and fractures sustained by the appellant/ claimant in the motor accident did not result in any permanent disability to the claimant; the claimant even after the accident is continuing on the post of Forest Guard; is getting the same salary and aliowances which he was getting before the accident. From the above facts, rt is apparent that the injuries and the fractures sustained by the appellanV claimant in the motor accident have not in any manner adversely affected the future earning capacity ofthe claimant. 8. On due consideration of the submissions of learned counsel for the appellant, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 9. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustsee subbu Sunil Kumar Sinha Judge ";-"/ ^-^