HIGH COURT OF CHHATTISGARH AT BILASPUR D.B.: HON’BLE Mr. JUSTICE SUNIL KUMAR SINHA & HON’BLE Mr. JUSTICE R.N. CHANDRAKAR MA No.868l2005 APPELLANT Anand Kumar Gupta, son of Mohan Lal Gupta, aged about 21 years, R/o Panda Tarai, District Kawardha, at present Kota Motilal Nagar, near to Bhawani Kirana Store, Raipur, Tah. & District Raipur (C.G.) Versus . RESPONDENTS 1 Dwarika Prasad Son of Jagannath Lodhi, aged about 28 years, R/o Birgaon, P.S. Urla, Tah.; & Distt. Raipur (C.G.) 2 Birendra son of Panchi Lal Parakh, R/o House No'.11/1171, Gudihari, i District Raipur (C;G.) 3 The National insurance Company Ltd.Through — The Branch Manager, Kaiiash Nagar, Rajnandgaon, District Rajnandgaon (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Appearance : Mr. M.K. Bhaduri, Counsel for the appellant. Mr. G.V.K. Rao, Counsel for respondent No.3/National insurance Company Ltd. ORAL ORDER (19.01.2011,) The following order of the Court was passed by Sunil Kumar Sinha, J. l 2 MA No.868/2005 The appellant/claimant has filed this appeal for einhancement of compensation awarded in Claim Case No 49/2004 by the- Tenth Additional Motor Accident Claims Tribunal Ralpur (C G ) Vide award dated 4t” of May 2005 The appellant/claimant fled a claim petition under Section 166 of the Motor Vehicles Act claiming compensation of RS730 OOOI- for the injuries sustained by hlm In the motor accrdent on 27.03.2002. The appellant contended that on account of the injuries sdstained by him, he suffered fracture of right tibia-fibula bones He was a betel shopkeeper and was earning Rs 150/- per day He remained out of bustness for a reasonably long period and he also spent huge amount on his treatment, therefore, the aforesaid amount of compensation should be awarded to him. The Tribunal, on a close scrutiny of the evidence led before it, awarded a sum of Rs.7,356i— towards medical expenses. The Tribunal held that the appellant was admitted in the Medical College Hospital, Ralpur from 27.03.2002 to 04.04.2002 and thereafter, he was on rest in his house for a reasonably long period, and awarded a sum of Rs.35,000/— as compensation to the appellant for the above fractures sustained by him in the motor accident. The Tribunal also awarded interest @ 6% from the date of filing of the claim petition till the date of actual payment. Learned counsel for the appellant argues that the Tribunal has not properly assessed the amount of compensation and thus, a low compensation has been awarded to the appellant, which may be suitably enhanced. 0n the other learned counsel for the insurance Company opposes these arguments and supports the award passed by the Claims Tribunal. (He argues that a just and proper compensation has been awarded to the appellant. We have heard learned counsel for the parties at length and have also perused the records of the Claim Case. r .m .m-: yw 3 MA No.868l2005 Admittedw, the appellant sustained fractures in his right tibiia and fibula bones. He was admitted in the Medicai College Hdspital, Raipur from 27.03.2002 to 04.04.2002. The appellant was a betel shopkeeper. He has contended that he was earning Rs 150/- per day The Tribunal has held that even after dl‘scharge from the hospital on 04 04 2002 the appellant was on rest In his house for 1 11/2 months According to the documents fled by the appellant (Ex P/5 & Ex P/6 to 20) he hasincurred Rs.7,356/- for treatment. The Tribunal has taken into consideration this amount and in lump sum has awarded a total sum of Rs.35,000/— to the appellant for the above injuries sustained by him‘in the motor accident on 27.03.2002. The said amount awarded by the Claims Tribunal, when examined in light of the above broad features of the case including the fractures sustained by the appellant, the period of hospitalization and rest in his house and further the mental agony and expenditure incurred on special diet and conveyance etc., appearsto be on lowerside. ’We are of the view that further award of Rs.15,000/- inclusive of interest component would make the amount of compensation of Rs.35,000/- as just and proper compensation for the injuries sustained by the appellant in the motor accident. For the foregoing reasons, the appeal is partly allowed. The amount of compensation of Rs.35, 000/-, awarded by the Claims Tribunal, is enhanced by Rs.15,000l- inclusive of interest component, which the appellant shall receive from respondentNo.3. ' Respondent No.3/National Insurance Company Ltd is granted 3 months timev to deposit the enhanced amount of compensation i.e. Rs.15,000/- before the concerning Claims Tribunal. i ‘ . “IEEWder 7 Sd/. T as to ' cost(s). jg sd, ,V K K . :‘Sunil Kumar Sinhai, Judge ”'17 shyna . >7 . t