%^ HjGH COURT OF CHHATTISGARH AT BILASPUR DiVJSJON BENCH Coram : HON'BLE SHRf RAJEEV GUPTA, C.J. & HQN'BLE SHR1 SUNIL KUMAR SINHA. J. APPELLANTS 1.A.(ClNo.1225of2008 Rajesh Agarwal, Aged about 40, S/o Manharan Ia! Agarwai, R/o-15 Patrakar Colony, Ring Road, Bilaspur, Tahsll & Dlstrict Bilaspur (C.G.) (Clalmants) 1y c Versus RESPONDENTS Non-Appilcants Ramavtar Kewant, S/o Ram Jlyawan Kewant, R/o iVlanendragarh, Agakherwan, Police Station Manendragarh, Distt. Koriya (C.G.) (DRIVER) Shamshul Huq, S/o Haji Abdut Gaffar, R,'o Vegetabie Market Road Koriya, Distt: Koriya (C.G.) (OWNER) Branch Manager, The Orientai Insurance Co. !td. Branch offlce Manendragarh - Road, Near Ambedkar Chov/k, Amblkapur, Distt. Surguja (C.G.) (Insyrance Co) OF APPEAL UNDER^ECTION_1Z30FTHEiflOTOR VEHICLES ACT. 1SS8 Present: Shri Hemant Gupfa, (earned counsef for the appeSiant. ORDER (10m September, 2008 ) The foilowing order of the Court was passed by Rajeev Gupta, CJ.; I 'i^ :1! [^'r^l l.lll e. Shri Hemant Gupta, learned counse! for the appeilant is heard on admission. 2) Appeiiant- Rajesh Agarwal, is seeking enhancement of the compensation awarded by the Additionai Motor Accident Claims Tribunal, Biiaspur, District Bliaspur (for short 'the Tribunai') vide award dated 30.06.2008, passed In Ciaim Case No.44/2007. 3) As against the compensation of Rs.5,90,000/- claimed by appei!ant./claimant- Rajesh Agarwat for the injuries sustalned by hsm in the motor accident on 08.04.2005, the Tribunai awarded a total sum of Rs.15,000/- as compensation aiong with Interest @ 7% per annum. 4) Shri Hemant Gupta, learned counsei for the appeilant vehemently argued that the Tribuna! has erred in awarding iow compensatlon of Rs.15,000/- only, though the appeiiant/claimant sustained muitipie serious injuries inciuding fracture of his ieft hand in the motor accldent. 5) For the reasons best known to the appeiiant/cjaimant, neither any medicai certifjcate establjshing the fact of the appeiiant having sustained permanent disabijity on account ofthe Jnjuries and fracture sustalned in the accident was produced before the Tribunal nor any Doctor was examined to that effect. 6) !n this state of evidence, we do not find any inflrmlty in the impugned award whereby ttie Tribunai awarded a sum QT" ^^ Rs.15,000/- along with interest @ 7% per annum as.compensation to the appeilant/ciaimant. 7) The appeal fiied by the appeliant/ciaJmant for enhancement of the compensation, therefore, faiis and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunif Kumar Sinha Judge