WP IN THE HIGH COURT OF 3UDICATURE CHHATTISGARH ATBILASPUR G/-. ^ M.A.fCl N0. 1 & £^ /2009 /• SlllillS o6i6Cil APPELLANT (Claimant) RESPONDENTS fNon applicants) ^ .^^ n>y'y xJ-t^ Lokesh Kumar Son of Kalicharan Thakur, about 18 years, R/o. Village Regakathera, District - Rajnandgaon (Chhattisgarh) VERSUS (1) Narayan Satnami Son of Daya Ram, Satnami, aged about 28 years R/o. Village Bagtarai, P.S. Lalbag, District - Rajnandgaon (C.G.) 'y (2) P.K.M. Bhagel, Son of R.S. Baghel, (Vehicle Owner), Fiat Car No. C.G.- 04,ZC-9284 Bankoflndia Ranjandgaon (C.G.) (1—<3) National Insurance Co. Ltd., Through Branch Manager, Office Kamthi Line Ranjandgaon, Tahsil and District Rajnandgaon (C.G.) Appeal Under Section 173 of the Motor Vehicle Act 1988 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.CNo.1064 of 2009 'y APPELLANT Clajmant Lokesh Kumar VERSUS RESPONDENTS : Narayan Satnami & others Non-apDlicants (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) (SB: Hon'ble Mr. N.K. Aaarwal. J.l Present : Shri VK Sharma, Advocate for the appellant. None for respondent No. 1 . Shri Anand Shukla, Advocate for respondent No. 2. Shri Gautam Khetrapal with Shri Rakesh Sahu, Advocates for respondent No. 3. ORAL ORDER (Passed on 18.19.2011) 1. This is claimant's appeal for enhancement of compensation awarded by the Ist Additional Motor Accident Claims Tribunal Rajnandgaon (for short 'the Tribunal') in claim case No. 5/08 vide award dated 15.05.2009. 2. As against compensation of Rs. 3,77,200/- claimed by the appellant by filing application before the Tribunal under Section 166 ofthe Motor Vehicles Act, 1988 (for short 'MV Act') for the injuries sustained by him in the motor accident on 23.10.2007, the Tribunal awarded a total sum of Rs. 1,04,000/- along with interest @ 6 percent per annum from the date of application. 3. The Tribunal, on a close scrutiny of the evidence led, he!d: the accident had occurred due to rash and negligent driving by respondent No. 1/Narayan Satnami i.e. driver of Fiat Car .bearing registration No. CG-04-ZD-9284; appellant sustained 1w.!n ar ^ ^ ^ Saaiasay'r n> ' f multiple injuries resulting in permanent disability; respondent No. 3/Natioanl Insurance Co. Ltd. liable for payment of compensation to the claimant as it could not prove violation of policy conditions; assessed and awarded aforesaid amount of compensation in favour of claimant. 4. Shri VK Sharma, learned counsel appearing for the appellant would submit : the Tribunai has not awarded any sum to meet the expenses required for physiotherapy and thereby has fallen in error in awarding low amount of compensation. 5. On the other hand, Shri Anand Shukla and Shri Gautam Khetrapal, learned counsel appearing for the respondent No. 2 S 3 respectively supported the award impugned and submitted in the facts and circumstances of the case the amount awarded by the Tribunalis just and proper compensation and needs no interference. 6. I have heard the counsel appearing for the parties and perused the order impugned including records of the Tribunal. 7. ' The appellant sustained multiple serious injuries including stiffness in the right wrist is not in dispute. The Tribunal awarded Rs. 10,000/- towards medical expenses, specfal diet and conveyance, Rs. 20,000/- towards pain and suffering, Rs. 6000/- towards loss of income during treatment, Rs. 66.000/- towards future loss of income due to disability and Rs. 2000/- towards damage to Cycle, and thus, awarded a total sum of Rs. 1,04,000/- as compensation to the claimants. l' lii.rfiajlit B I siliSSi?iBSS 9 1 'vs9'^ 11 ^ 'fc,. Uaesii.u1--' c^ 8. Dr. YK Tiwari has stated in his statement that appellant's disability is due to stiffness and the same can be removed by physiotherapy treatment. The said statement of Dr. Tiwari would reveal it was necessary for the appeltant to undergo physiotherapy. Therefore, the Tribunal has certainly erred in not awarding any sum to meet the expenses required for physiotherapy. 9. The amount 6f compensation of Rs. 1,04,000/- when examined in the context of above broad features of the case, in the considered opinion of this court, a further award of Rs. 10,000/- inclusive of interest component would make the amount of compensation awarded by the Trlbunal as just and proper compensation. 10. For the foregoing, the appeal is allowed in part. The appellant is awarded a further sum of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation, over and above the amount awarded by the Tribunal. Rest of the conditions of the award shall remain intact. 11. The respondent No.S/Natioanl Insurance Go. Ltd. is granted three month's time for depositing the above enhanced amount of compensation before the concerned Ctaims Tribunal. No order as to costs. _- N.K.AgrawaS Judge Sahu