/'s/easf^ f IL- ^ a ,-t HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Respondents Misc. Appeal (Cl No. 1225 of2007 Pawan Kumar Sahu @ Pappu aged about 23 years, s/o Shri Ishwar Lal Sahu, r/o Sigma, Raipur C.G., At present Ramkund, near Vivekanand Aashram, Raipur C.G. VERSUS 1. Jairam Yadav, son of Shri Vebhati Yadav, through Smt. Chanchala Devi, w/o Shri Bharat Bhushan, r/o. Bhushan Musical Center, Bhilai-3, district Durg C.G. 2. National Insurance Company through Manager, National Insurance Company, Branch Office G.E. Road, near Tar Office, Raipur C.G. Memo of appeal under Section 173 of the Motor Vehicles Act. Present: Shri R. Pradhan and Shri Harsh Mahant, counsel for the appellant. Shri Raj Awasthi, counsel for respondent No.2. ORDER (30th August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Pawan Kumar Sahu @ Pappu is seeking enhancement of the compensation awarded by the Third Additional .-..^' ;^ '•. /s! ..^.^>' ^ •-3<p) MACNo.1225 of 2007 Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 03.01.2007, passed in Claim Case No.21/2004. 2) As against the compensation of Rs.27,00,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 03.08.2003, the Tribunal awarded a total sum of Rs.3,66,000/- as compensation to the claimant along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Pawan Kumar Sahu @ Pappu sustained multiple serious injuries including fractures in the motor accident on 03.08.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.CG-07C/1337; as the above offending vehicle Truck on the date of the accident was insured with the National Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have spent on treatment, awarded Rs.2,29,500/- towards loss in the future earning capacity on account MACNo. 1225 of 2007 ^ of the permanent disability suffered by the claimant; Rs.86,500/- towards medical expenses; Rs.40,000/- towards other incidental expenses; and Rs.10,000/- for pain and suffering. The Tribunal, thus, awarded a total sum of Rs.3,66,000/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.3,66,000/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R. Pradhan and Shri Harsh Mahant, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.3,66,000/- only though the daimant on account of the injuries and the permanent disability has been rendered unfit to pursue his occupation of photographer. 7) Shri Raj Awasthi, learned counsel for respondent No.2 the National Insurance Company Limited, insurer of the offending vehicle Truck, on the other hand, contended that the compensation of Rs.3,66,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.3,66,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. MACNo. 1225 of 2007 10) Claimant Pawan Kumar Sahu @ Pappu was aged about 23 years on the date of the accident. He was working as photographer in some photo studio at Simga, a tahsil place in the district of Raipur. The claimant sustained multiple serious injuries including fractures is borne out from the evidence available on record. The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.86,526/- and the Tribunal has awarded Rs.86,500/- towards medical expenses. For assessing the compensation towards permanent disability, the Tribunal has applied the multiplier of 17. 11) The compensation of Rs.3,66,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 12) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant/ claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 13) No order as to costs. Sd/- Chief Justice Sd/- N.K. Agarwal Judge subbu