> IN THE HIGH COURT OF CHSfA'WSGARS AT BILASPUR M. A. rd N0. L&5-3 /2011 ®ngl8BencB APPELLANTS : 1 Smt. Urmila Bai W/o Dinesh CI.AIMANTS /^ Kumar Yadav aged about 38years Occupation House Wife I. Dinesh Kumar Yadav S/0 ^ ^ Ghanshyam Yadav aged about 40 years. !.£ ^ <^\^y{ ^^y"^ ^y^f "^^ RESPONDENTS ION- APPLICANTS o^ Both R/o Baazar Para Village Saddu., Thana Pandri Distt. , Raipur, VERSUS Rakesh Kiunar PandoAged About 29 Years S/o Santosh Kvanar Pande, R/o - Kedia Chanwal Udyog,Baloada Baazar Thana Baloada Baazar , Distt. Raipur (Car N0. C.G.06-6666 OF DRIVER) (VEHICLE DRIVER) Pramod Kedia S/0 A.C. Kedia S/0 Parthikrain Sinha ,R/0 Kedia Chanwal Udyog Baloada , Baazar Thana Baloada Baazar Distt. ,Raipur (Car N0. C.G.06-6666 OF OWNER). (VEHICLE OWNER) 5.^ The New Insurance Company Ltd., through -Branch Manager, Madifta Bilding, Jel road ,Raipur Chhattisgarh(Car No.C.G.06-6666 (y (INSURER) MISC. APPEAL UNDER SECTION 173 OF THE MOTQR VEHICLESACT. 1988 HIGH COURT OFCHHAmSGARH AT BILASPUR MArc)No.1059of2011 APPELLANTS/ Claimants Smt. Urmila Bai & another VERSUS RESPONDENTS : Rakesh Kumar Pandey & others (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) (SB: Hon'bte Mr. N.K. Aaarwal. J.) --/•^-^/ Present : Shri AL Singroul, Advocate for the appellants. None for respondent No. 1 & 2. Shri Srikumar Agrawal, Sr. Advocate withShri Anand Kumar Gupta, Advocate for respondent No. 3. ORALORDER (Passed on 09.12.2011) 1. This is claimants' appeal for enhancement of compensation awarded by the lllrd Addl. Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') in elaim case No. 150/11 (75/11) vide awarddated20.07.il. 2. As against compensation of Rs. 12,50,0007- claimed by unfortunate parents of deceased Ku. Sumitra Yadav by filing application under Section 166 ofthe Motor Vehicles Act, 1988 (for short 'the MV Act') for the death of deceased in the motor accident dated 15.12.2009; the Tribunal awarded a total sum of Rs. 1,92,000/- along with interest @-6 percent per annum from the date of application tilfits actifilpayment. 3. The Tribunal, on a close scrutiny of the evidence led, held : the accident had occurred due to rash and negligent driving of Car bearing regi^ration No. CG-06-6666 by its driver Rakesh Kumar \^ <^/, ~^*> ^^- Pandey i.e. respondent No. 1; Ku. Sumitra Yadav died on 17.12.2009 on account of injuries sustained in the said aecident; respondent No. 3/The New India Insurance Co. Ltd. liable for payment of compensation to the claimants as it could not establish violation of policy conditions; assessed and awarded aforesaid sum to the claimants/appellants. Shri A L Singroul, learned counsel for the appellants while not disputingthe amount of compensation awarded by the Tribunal, has assailed the award only on the ground that nothing has been awarded by the Tribunal towards medical expenses incurred in the treatment of deceased before her death and therefore on above head the amountdeserves to be suitably enhanced. Onthe other hand, Shri Srikumar Agrawal, learned seniorcounsel appearing for respondent No. 3/The New India Insurance Co. Ltd. supported the award impugned and would submit in the facts and drcumstances of the case the amount of compensation awarded by the Tribunal is just and proper compensation and needs no interference. 1 have heard fhe learned counsel appearlng for the parties and perused theaward impugned including records oftheTribunal. The fact that deceastd Ku. Sumitra Yadav died on 17.12.2009 on account-of injuries sustained in the said accident and the insurance company is liable for payment of compensation are now not in dispute. ^ -•>•< .<s*""% E 8. A bare perusal of record would reveat after accident took place Ku. Sumitra Yadav was hospitalized and was under treatment for two days till her death i.e. on 17.12.2009. Some of the bills and vouchers regarding medical expenses ha\fe been filed by the appellants in the claim petition but the same were not considered by the Tribunal. It is also a matter of common knowledge sufficient money is required for treatment."* 9. The Tribunal has awarded Rs. 1,92,000/- as compensation to the claimants but nothing has been awarded towards medical expenses incurred by the deceased before her death. 10. .^ 11. Considering every aspects of the matter and the bills and vouchers produced by the claimants before the Tribunal, in my opinion, the appellants/claimants are further entitled for Rs. 10,000/- on account of medical expenses incurred in the treatment of deceased Ku. Sumitra Yadav before her death. For the foregoing reasons, the appeal is allowed in part. The compensation of Rs. 1,92,000/- awarded by the Tribunal is enhanced to Rs. 2,02,000/-. The appellants are entitled for a further sum of'Rs. 10,000/- over and above the amount of Rs. 1,92,000/- awarded by the Tribunal. Theabove enhanced amount of compensation ofRs. 10,CCO/- shall carry interest @ 6 percent per annum from the date of application till its actual payment. Rest of the conditions mentioned in the award shall remain intact. The award s^nds modified to the above extent. -^ 12. The respondent No. 3/The New India Insurance company Ltd. is granted three months' time to deposit enhanced amount of compensation of Rs. 10,000/- along with interest before the concerned Tribunal. No order asto costs. Sahu Sd/- N-K-Agarwal Judge «^-