HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 157 of 2009 Appellant CIaimant Respondents Smt Rukhasana Bano, w/o Shri Mohhamad Raphik, age 38 years, r/o Jhilmila, Saraypali, Distt Mahasamund (CG) VERSUS Rajudas Banjare, s/o Ramayan Das Banjare, age 30 years, R/o Kali Nagar, Pandri, Raipur (CG) (NonApplicant No.1) Smt. Seema Devi Gupta, w/o Shivratan Prasad Gupta, r/o 84 Sundar Nagar, Raipur C.G. (Non applicant No.2) The Oriental Insurance Co. Ltd., through Mandal Office No.2 Devendra Nagar, Jail Road, Raipur C.G. (Non applicant No.3) Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri Sanjay Agrawal, counsel for the appellant. Shri Raj Awasthi, counsel for respondent No.3. ORDER (13tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Smt. Rukhasana Bano is seeking enhancement of the compensation awarded by the 7th Additional T IF ^^-- -^^^. ,f^:SE€%^ / &. ^ '^ •-^ ^Jy '^^s^ M.A.C.No.157of2009 Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 30.09.2008, passed in Claim Case No.22/2008. 2) As against the compensation of Rs.11,50,0007- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 31.07.2007, the Tribunal awarded a total sum of Rs.3,32,800/- 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 led before it held the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus bearing registration No.C.G.- 04/E/6699, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Bus has not filed any appeal 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 claimant in the motor accident; the fact that the claimant lost the vision of her right eye on account of those injuries resulting in permanent disability to the extent of 30%; and the amount proved to have spent on treatment, awarded Rs.1,72,800/- towards loss offuture earning capacity on account of the permanent disability; Rs.75,000/- for medical expenses; Rs.50,000/- for pain and suffering; Rs.15,000/- for future medica! expenses; Rs.10,000/- for loss of income during the period oftreatment; and Rs.10,000/- ;?,/ M.A.C.No.157of2009 ^ for special diet and attendant. The Tribunal, thus, awarded a total sum of Rs.3,32,800/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,32,800/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sanjay Agrawal, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.3,32,800/- only though the claimant sustained multiple serious injuries in the motor accident and lost vision of her right eye on account of those injuries. 7) Shri Raj Awasthi, learned counsel for respondent No.3, the Oriental Insurance Company Limited, placing reliance on the dictum of a Division Bench of this High Court in the case of Arvind Kumar Sharma Vs. Roshanlal and others, reported in 2007 ACJ -57 submitted that the compensation of Rs.3,32,800/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Smt. Rukhasana Bano was aged about 38 years on the date of the accident. Though the claimant was not in any regular service, she claimed that she was having income of Rs.8,000 - 10,000/- per month from stitching clothes and knitting in the village. Though the bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.58,000/- only, the Tribunal has awarded Rs.75,000/- towards medical expenses. p^^-"^,.%ss£.a^i .•^^-%.:-'. .i M.A.C.No.157of2009 9) In the case of Arvind Kumar Sharma Vs. Roshanlal and others (Supra), a Division Bench of this High Court found total compensation of Rs.3,02,500/- as just and proper compensation for the loss of one eye by the claimant on account of the injuries sustained by him in the motor accident. The claimant in the said case was aged about 30 years and was working as Assistant Engineer in Irrigation Department. 10) The compensation of Rs.3,32,800/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and the dictum in the case of Arvind Kumar Sharma Vs. Roshanlal and others (Supra), we are satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 11) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellanV claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 12) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu S^fSW^M:.^l!iJcffSi'-SW^^W '^li^•^^ •'...-: ;:.,.'/..:^:-^ ^^3ill^iil,ialiitS%i