IN THE HIGH COURT QF JUDICATURE AT BILASPUR fC.G.} O.^.JJ M.A.fCl NQ.-2 '3T'/2nno APPELLANT ^••--"^^ RESPONDENTS 1. Baiju Bhatt, S/o. Shri Daman Bhatt Aged about 47 years, R/o. Shyam Nagar, Near Durga Mandir, Post Ravi Gram Raipur, Tahsil and District Raipur (C.G.) VERSUS Daulat Singh Sekhavat, Son ofShri Narayan Singh Sekhawat, R/o. Teen Dukan, Near Muthalipura School, Jaipur City and Tahsil Jaipur (Rajasthan), Aasha Aurvedic Aushadh Kendra, Address : A-124, Murlipura Scheme, Jaipur, City and Tahsil Jaipur (Rajasthan) National Insurance Company, Through: Branch Manager, Branch Office No.l, Mobin Mahal, G.E. Road, Raipur, City, Tahsil and District Raipur (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 171 Qp THE MOTOR VEHICLE ACT. 1988^ s- 2. ^-3. HIGH COURT OF CHHATriSGARH AT BILASPUR DtVISION BENCH CORABA: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Wlisc. Appeal (0 No. 237 of 2009 Appellant : Baiju Bhatt, s/o Shri Daman Bhatt aged about 47 years, r/o Shyam Nagar, near Durga Mandir, post Ravi Gram, Raipur, Tahsil and district RaipurC.G. VERSUS Respondents 1 Daulat Singh Sekhavat, son of Shri Narayan Singh Sekhawat, r/o. Teen Dukan, near Muthalipura School, Jaipur City and Tahsil Jaipur Rajasthan 2 Aasha Aurvedic Aushadh Kendra, address : A-124, Murlipura Scheme, Jaipur, City and Tahsil Jaipur Rajasthan 3 National tnsurance Company, through Branch Manager, Branch Office No.1, Mobin Mahal, G.E. Road, Raipur, City, Tahsil and district Raipur C.G. Misc. Appeal underSectjon 173 ofthe Bflotor Vehicle Act. Present: Shri R. Pradhan and Shri Harsh Mahant, counsel for the appellant. Shri B.N. Nande, counsel for respondent No.3. ORDER >th (08WAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. M.A.C.No.237of2009 € Appellant/ claimant Baiju Bhatt is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 25.10.2008, passed in Claim Case No.08/2008. 2) As against the compensation of Rs.31,00,000/- claimed by the appellanfclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 15.06.2003, the Tribunal awarded a total sum of Rs.2,22,500/- as compensation along with interest @ 9% 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 National Insurance Company Limited, the insurer of the offending vehicle Mahendra Pickup Van bearing registration No.RJ-14-10-6962, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Mahendra Pickup Van 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 and the amount proved to have spent on treatment, awarded Rs.1,95,000/- towards loss offuture earning capacity on accountof the permanent disablement; Rs.10,000/- for pain and suffering; Rs.10,000/- for special diet and future MA.C.No.237of2009 medical expenses; and Rs.7,500/- towards medical expenses. The Tribunal, thus, awarded a total sum of Rs.2,22,500/- 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 amount of compensation of Rs.2,22,500/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R. Pradhan and Shri Harsh Mahant, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment, conveyance, and attendant; and in awarding low compensation of Rs.2,22,500/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of50%. 7) Shri B.N. Nande, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Mahendra Pickup Van, on the other hand, contended that the compensation of Rs.2,22,500/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Baiju Bhatt was aged about 47 years on the date of the accident. He was working as driver on daily-wages in a Government Department. The claimant sustained fracture in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial M.A.C.No.237of2009 ^ subbu amount is required to be spent on the treatment of fractures. The claimant, being a driver by occupation, on account of the fracture sustained by him in the motor accident, could not have performed his duties as driver, for a period of 3-4 months, resulting in monitory loss to him. The Tribunal has certainly erred in not awarding any sum towards loss of income during the period of treatment, conveyance and attendant. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,22,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10) The appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part, The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,22,500/- awarded by the Tribunal. 11) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 12) No order as to costs. Sd/- Chief Justice Sd/. R.N. Chandrakar Judge :'^;'