HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI N.K. AGARWAL, J. Appellant Applicant Respondents Non-applicants Misc. Appeal No. 872 of 2005 Ku. Jyoti Wadhwani, aged 15 years, d/o Hiralal Wadhwani, through his father as next friend Hiralal Wadhwani, s/o Baliram Wadhwani, r/o Hirapur Basti, P.S. Aamanaka, distt. Raipur. VERSUS 1. Sarwan Singh, s/o Bakhees Singh, driver. 2. Tarsen Singh s/o Mathara Singh, Owner No. 1 and 2 R/o Plot No. 64, 1/15 MIG Heewari Layout, Nagpur, distt. Nagpur Maharashtra. 3. The New India Insurance Co. Ltd. Branch Office Nagpur (Maharashtra) By Divisional Manager Divisional Office, Kutchery Chowk, Jail Road, RaipurC.G. MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri Pawan Kesharwani, counsel for the appellant. Shri Shailendra Sharma, counsel for respondent No.3. ORDER (03rd May, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. F'!» !^^a "•-"^!-3il 1-. Appellant/ Claimant Ku. Jyoti Wadhwani is seeking enhancement of the compensation awarded by the 12 Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 02.05.2005, passed in Claim Case No.79/2004. 2) As against the compensation of Rs.23,00,000/- claimed by the appellanV claimant by filing a claim petition through her father Hiralal Wadhwani under Section 166 of the Motor Vehicles Act for the injuries sustained by her in the motor accident on 03.05.2004, the Tribunalawarded a total sum of Rs.60,000/- 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 led before it held that claimant Ku. Jyoti Wadhwani sustained multiple serious injuries in the motor accident on 03.05.2004; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tanker bearing registration No.M.H.-31-M-2714; as the above offending vehicle Tanker on the date of the accident was insured with the New India 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. . 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. "¥ ^l v s 9) Now we shall examine as to whether the compensation of Rs.60,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Claimant Ku. Jyoti Wadhwani was aged about 15 years on the date of the accident. She was a student of 6 standard. Though the claimant pleaded that she used to earn Rs.100/- per day; Rs.3,000/- per month; and Rs.36,000/- per annum by stitching clothes, no cogent and reliable evidence was led before the Tribunal to establish the above occupation of the claimant and her income to the extent of Rs.36,000/- per annum. Even otherwise, it is difficult to believe that a girl aged about 15 years and student of 6h standard could and would earn by stitching clothes in the city of Raipur, where large number of tailoring shops are available. The bills and vouchers produced by the claimant before the Tribunal relating to the medical expenses were to the extent of Rs.6,000/- only. 11) The compensationof Rs.60,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, is just and proper compensation and does not call for any enhancement in this appeal. 12) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 13) No order as to costs. sd/- Chief Jusdce Sd/- N.K. Agrawal Judge >adma