\^^. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Non- applicants ^y Misc. Appeal (C) No.719of 2008 Dhiraj'Tiwari, s/o Vishnu Prasad Tiwari, aged about31 years, Occupation STD and Photocopy, r/o Shantinagar, Ward No.4, Rajnandgaon (G) VERSUS 1 Laxman S/o Panchu Yadav, aged about 27 years (Driver) Chowrapara, Doundi-Lohara, District Durg (CG) 2 Gyan Chand Jai, S/o Annraj Jain, aged about 41 years (Vehicle Owner) R/o Doundi-Lohara, District Durg (CG) 3 The Oriental Insurance Co Ltd., through Branch Manager, Kamthi Line, Rajnandgaon (CG) IVIiscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri VK Sharma, counsel for the appellant. Shri Rakesh Thakur, counsel for respondents No.1 and2. Shri HP Agrawal, counsel for respondent No.3. ORDER (1st December,2011) The following order of the Court: was passed by Rajeev'Gupta, C.J. •..^^J-^^^^«»^^.. ^ •M.^..L ^ '--^< MACNo.719of2008 "z^ This is claimant's appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 03.01.2008, passed in Claim Case No.23/2007. 2) As against the compensation of Rs.4,84,000/-, claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 09.12.2001, the Tribunal awarded a total sum of Rs.43,200/- 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 Metador bearing registration No.MP 24 C 2628 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Metador has not filed any appeal against the impugned award 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 been spent on treatment, awarded Rs.16,200/- towards medical expenses; Rs.15,000/- for pain and suffering, special diet, attendant and conveyance; and Rs.12,000/- for loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.43,200/- as ^^^. MACNo.719of2008 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.43,200/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri VK Sharma, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.15,000/-, only towards pain and suffering, special diet, attendant and conveyance; and in awarding low compensation of Rs.43,200/- only. 7) Shri HP Agrawal, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Metador on the other hand supported the award and contended that the compensation of Rs.43,200/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Rakesh Thakur, learned counsel for respondents No.1 and 2, the owner and driver of the offending vehicle Metador also supported the award. 9) Claimant Dhiraj Tiwari was aged about 31 years on the date of the accident. He was running a STD Booth with a photocopy shop. 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 amount is required to be spent on the treatment of fractures. The claimant, on account of the fractures sustained by ..- .^ • ^^^.:^- r" MACNo.719of2008 him in the motor accident, could not have attended his STD Booth and Photocopy shop resulting in monetary loss to him. 10) The Tribunal has certainly erred in awarding low sum of Rs.15,000/- only towards pain and suffering, special diet, attendant and conveyance. 11) The compensation of Rs.43,200/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and desen/es to be enhanced to some extent. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.43,200/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.43,200/- awarded by the Tribunal. 14) Respondent No.3 the Oriental Insurance Company is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge ^-^