IN -__-- THE...... HIGH___- CCURT OF CHHATTISGARH T P ; ‘ APPELLANT ‘-"-_‘‘‘‘‘ y/aghunath Prasad Gupta, 5/0. ' “lalment Ramdhan, aged about 48 years, R/o. Village - Darripara, P.S. — Bhaiyathaan. Distt. Surguja (Chhattisgarh) . Jr s _-—_- zERSU y/ghe Griental Insurance Co. Ltd. Through : The Branch Manager, Branch Gffice; Sadar Raad, Ambikapur, Disttyu’féruja (CG). tix“ RESPQND EN‘I‘ S .. _______ -..... yon-Applicants “/NsvRER / .._____ .. \ 2_)/’i.ate Shri Durga Prasad. S/o. Deepchand A‘grawal, aged about 50 years, R/o. m vill. Surajpur, Tahsil - Surajpur, Distt Surguja (Chhattisgarh). f’x/ u 3§§§§2§3§2.OWNER / xh\ ,/ //’ gqiw iggm gymggf ‘v . 3%ivnarayan, S/o.@§baye’e¢JJ§D aged about 25 yearsf‘i‘z/‘o: ville Darripara. Police Station - Bhaiyathaan, Tab. Surajpur, Distt. Surguja (Chhattiegarh). gmAL owmg /’ Kanwal Sai, S/o. Bhaglu Panika, aged about 26 years, R/o. Darripara, Police station - Bhaiyathaan. Tah. Sura§pur, Distt. Surguja (Chc'gttisgarh). x/ DRIVER f ______ .....02 A BILASUR (CG) § . & ‘ APPEM 02 z: AL UNDER SECTION 173 OF MDTORL VEHICLE ACT FOR THE ENHANCEMENT OF THE AWARD. x x, WW WW m Moh‘Mb/OL WW m 200 mm (W mmm ‘53: HON’BLE SHRI JUSTICE N. {10-7-2009 ‘ Shri Ashok Kumar Shukla, Heard on admission. On‘ going through the reco‘ not Produced complete oertified edifnplete certified copy has be¢ 245/2002, which is pending cori Court ‘ Feeling aggrieved by the Additional Motor Accident Claim Surajpur, Distt. Surguja in Clair Tribunal has awarded a total Su the rate of 6% per annum from .tl injuries sustained by the appelll place on l8~9~l996, the appelle W ‘ . enhancoment of compensatxon to Brief facts of the ease are that on 18 9 1996 the truck bearing registration No MPL 3085 was g mg to Odgee Market and the appellant was also traveling 1n the said tr ck The truck 1n question met With an aemdent as a result ofwhieh, th appellant received various injuries on different parts of his body. The a pellant preferred Claim petition under Section 166 of the Motor Vehic s Act claiming compensation for the injuries sustained by him in the s id accident. a) WM§1§E§W $‘3ffmanésr ‘ K. AGARWAL Adv. for the appellant. rd; it is observed that the appellant has copy of the impugned award, however. an filed by the appellant in M.A. No. sideration before Division Bench of this award dated 17—4-2001' passed by 13‘ s Tribunal, Baikunthpur, Camp Court n Case No. 212/2001 whereby learned m of Rs. 3000/— along with interest at 1e date of application i.e. 4—5—98 for the int‘in the motor vehicle accident took nt has preferred this appeal, seeking he rune or Rs 25 000/— ’ .m-wwvmm mm W209 mm (Wu) K§maa am@m WWW£€NW $WW Learned Tribunal on a close scrutiny of the pleadings of the (parties, evidence led oral as well as documentary and the material on record, held that the injuries al‘e simple in nature and awarded a total ysum of Rs. 3,000/— along with rest @ 6% per annum, Shri Ashok Kumar Shu la, learned counsel for the appellant sulgmitsthat although the injur es sustained by the appellant is simple ‘ V i i i Learned. Tribunal in para 80 of its award held that the appellant only sustained one abrasion right Heel. Learned counsel for the appellant: failed to point out any 'njury to the appellant much loss proved by adducing evidence, and, refore, the amount awarded by the Tribunal is adequate, cannot be said to be on lower side looking to the injury sustained by the appellan . ‘ Therefore, the appeal deSe‘ves to be dismissed and is dismissed at dmission stage. , 1 E l i e l i ‘in nature and the doctor was n t examined to prove such injuries, but the amount awarded is on lower de. i t/ \ Sd/v N. K. AgarwaL, Judge l i i t e a