IN THE HIGH CQURT QF CHHAmSGARH AT BILASPUR ^> CC.G.) !S-~ 2> MISC. APPEAt:NO. "" t - / 2009 I..B B » APPEALNT/ }t ^°^° -?< ^-1 "•^s^"'" ^^ \-^"' VERSUS RESt'ONDENTS JOon-apDlicants ^ ^ >^- \/<?y ^a ^>yy ^ -^.'y^ ^' 2<- ^i/o ^-^ Bedkunwar <S/os> Makkuial, aged about (72) years, R/o- Village- Damdam, Police Chowki.-Kotmi, P.S. - Pendra, Tahsil- Pendra Road, District- Bilaspur (C.G.) Kismat Kumar, S/o- Budhram, aged 22 years, R/o-Village Chandori, P.S.-Pasan, Tahsil- Katghora, District- Korba (C.G.) ( Driver) President, Navaanjor Pawanputra Samhit Samuh Damdam( Kotmi), P.S.-Pendra, Tahsil- Pendra Road, District- Bilaspur (C.G.) (Owner of the vehide) The Oriental Insurance Company Limited Branch Bilaspur (C.G.) \«s^^ ^'^ MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 CTSSEt. / HiGH COURT OF CHHATTISGARH. BILASPUR APPELLANT .A. (C) No.240/2008 Bedkunwar, W/o Makkuial, aged about 28 years, R/o Vtllage Damdam, Police Chowki - Kotmi, P.S. Pendra, Tahsil Pendra Road, District Biiaspur (C.G.) RESPONDENTS 1 Kismat Kumar, S/o Budhram, Aged 22 years, R/o Vitlage Chandori, P.S. - Pasan, Tahsil tetghora, District Korba (C.G.) (Driver) 2 President Navaanjor Pawanputra Samhit Samuh Damdam (Kotmi), P.S. Pendra, Tahsil Pendra Road, District Bilaspur (C.G.) (Owner ofthe vehicle) 3 The Orienta! Insurance Company Limited Branch Bilaspur (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHiCLES ACT. 1988 Shri F.S. Khare, Counsei forthe appellant. QRAL QRDEI (25.Q3.2009) SUNIL KUMAR S!NHA. J. Heard on admission. The appellanVclaimant has filed this appeal under Section 173 of the Motor Vehicles Act against the award dated 27.11.2008 passed in M.A.C.C. No.07/2008 by the Motor Accident Claims Tribunal (FTC), Pendra Road, District Bilaspur. / :a.-"1" M.A.(C)No.240/2009 On a claim petition filed by the appellant under Section 166 of the Motor Vehicles Act for awarding compensation of Rs.10 lakhs for personal injuries sustained by her in the motor accident, which took place on 10.03.2007, the learned Claims Tribunal awarded a sum of Rs. 37,000/- to the appellant as compensation along with interest @ 10% per annum from the date of fiting of the claim petition till its realization. The Tribunal also awarded cost in sum of Rs.500/- to the appellant. Though the appellant pleaded that she suffered permanent disability on account of fracture in her left hand, but no Doctor was examined by the appellant in support of her contention in that behalf. It is in this situation, the Tribunal on its own awarded a sum of Rs.30,000/- on account of loss of income/earning of the appetlant and it further awarded a sum of Rs.2000/-towards medicalexpenses and Rs.5000/-towards pain and sufferings and in this manner, a total sum of Rs.37,000/- has been awarded by the Claims Tribunal for the injuries sustained by the appellant in the said motor accident. After going through the contents of the impugned award, we do not find any scope to enhance the amount of compensation awarded by the Claims Tribunal to the appellant. The petition has no merits. The same is liable to be and is accordingly dismissed. Sd./- Sanil Kumar Sinha Judge Sd/- T.P. Sharma Judge ^A^nA >7