IL^if^^ HIGHCOURT OFCHHATTtSGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLESHRI SUNILKUnflAR SINHA, J. Appellant Applicant Respondents (Non-applicants) Misc.ApDealNo. 43 of20Q5 Smt. Basanti Bai @ Aasbasanti Bai, wife of Bhikhari Bandhe, aged about 40 years, resident of Ghasidas Mahant Ward, Dhamtari, district DhamtariC.G. • VERSUS 1. Harpal Das, son of Shri Hargundas, aged about 32 years. 2. Arjundas Kulwani, son of Shri C.R. Kulwani. Both residentsof Sindhi Colony, near Raipur Naka, Durg, district Durg.C.G. 3. The Oriental Insurance Company Limited near Adarsh Bal Mandir, Dhamtari, district Dhamtari C.G.. MIEMORAN^UM OF APPEAL UNDERSECTION 173 OF THE MOTOR VEHICLES ACT Present: Ms. Sharmila Singhai, counsel for the appellant. None for respondents No. 1 & 2. Shri Raj Awasthi, counsel for respondent No.3. ORDER (30th March, 2011) The following order of the Court was passed by * Rajeev Gupta, C.J. . &'J^ :K 'SsS'MF^ s ^fV!'.:f ''^eaaasi*'-^' Appellant/ Claimant Smt. Basanti Bai @ Aasbasanti Bai is seeking enhancement of the compensation awarded by tbe Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 08.10.2004, passed in claim case No.309/2004. 2) As against the compensation of Rs.5,70,000/- claimed by the appellant/ claimant by filing a claim petition under Section 1 66 of the Motor VehiclesAct for the injuries sustained by her in the motor accident on 16.08.2003, the Tribunal awarded a total sum of Rs.47,784/- as compensation along with interest @ 6% per annum in the event of the insurer's failure to pay the amount of compensation within 30 days ofthe passing ofthe award. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Smt. Basanti Bai @ Aasbasanti Bai sustained multiple serious injuries including fractures in the motor accident on 16.08.2003; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Tempo bearing registration No.C.G.07-T-0596; as the above offending vehicle Tempo, on the date of the accident was ihsured with the Oriental 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. i-^^'-s"3^ f^:\ "^ ^y^ 7? 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 motQr accident and the amount proved to have been spent on treatment, awarded Rs.40,000/- towards loss in the future earning capacity on account of the permanent disability; Rs^,784/- towards medical expenses; Rs.2,000/- towards pain and suffering and loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.47,784/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribuna! further directed payment of interest on the above amount of compensation of Rs.47,784/- @ 6% per annum in the event of the insurer's failure to pay the amount of compensation within 30 days ofthe passing ofthe award. 6) Ms. Sharmila Singhai, learned counsel for the appellant submitted that the Tribunal has erred in not awardinganysum towards special diet, conveyance and attendant; in awarding low sum of Rs.2,000/- only towards pain and suffering and loss of income during the period of treatment; and in awarding low .compensation of Rs.47,784/- only. 7) Shri Raj Awasthi, learned counsel for respondent No.3 the Oriental Insurance Company Limited.on the other hand,supported the award and contended that the compensation of Rs.47,784/- t.^—"':;.:^';;^.H 1 '^sy'i% 8 '^ v!^y. '"'^-Ssssss^ awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Smt. Basanti Bai @ Aasbasanti Bai on the date of the accident was aged about 40 years. She was a labour by occupation. The claimant sustained multiple fractures in her left leg and left ribs is established from the evidence of AW3 Dr. Iqbal Parvez. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of fracture ofSitibia and fibula bones of her left leg could not have peri'ormed her duties as- labour for a period of about 4 -6 months, resulting in monetary loss. The claimant must have suffered physically and mentally on account of the fractures for a period of about 4-6 months. The Tribunal has certainly erred in not awarding any sum towards special diet, attendant and conveyance; and in awarding only Rs.2,000/- towards pain and suffering and loss of income during the period Of treatment. 9) The Tribunal while awarding interest on the awarded amount of compensation of Rs.47,784/- has also erred in directing payment of interest pnly in the event of insurer's failure to deposit the amount of compensation within 30 days of the passing of the award. . 10) Considering all the relevant aspects of the matter including the above mentioned broad features of the case, we are of the opinion that further award of Rs.25,000/- inclusive of interest 'rf •Vs! •& !^' ,i^ '^ component on the enhanced amount of compensation would make the compensation of Rs.47,784/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.47,784/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 13) No order as to costs. ! Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge subbu