^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRIRANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1438 of 2009 G Appellant : Vikas Singh Rajput, s/o Khem Singh Claimant Rajput, aged about 17 years (Minor) Through natural guardian and father Khem Singh, son of Jaipal Singh Rajput, r/o New Police Line 18 Acre, Rajnandgaon, Tah & Distt Rajnandgaon (CG) Respondents Non-claimants VERSUS 1. Jalinder s/o Bhagwan, Narbade, aged about 24 years, r/o Radho Hiware, PS Kotwali,Ahmad Nagar, District Ahmadnagar (MS) (Driver) 2. Rahul Sonawane, s/o Basant Sonawane, R/o Rahul Nagar, Jamgaon Road, Tahsil Parner, District Ahmadnagar (MS) (Owner) 3. The New India Insurance Co. Ltd., Ahmadnagar, through the Divisional Manager, New India Insurance Co Ltd., Power House, Bhilai, GE Road, District Durg(CG) Appeal under Section 173 ofthe Motor Vehicle Act Present: Shri VK Sharma, counsel for the appellant. Shri Shivendu Pandya, counsel for respondent No.3. ORDER ;th (25mJuly,2011) ^^ 1 ^ The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Vikash Singh Rajput through his father Khem Singh is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 27.08.2009, passed in Claim Case No.98/2008. 2) As against the compensation of Rs.6,20,000/- 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 27.03.2008, the Tribunal awarded a total sum of Rs.26,684/- as compensation along with interest @ 6% 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 the New India Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.MH-16-Q7214 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Truck has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has 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 been spent on treatment, awarded Rs.15,000/- towards permanent disability; Rs.5,000 for pain and suffering; Rs.4,684/- towards medical K ^ expenses; and Rs.2,000/- for special diet, attendant and conveyance. The Tribunal, thus, awarded a total sum of Rs.26,684/- 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.26,684/- @ 6% per annum from the date of filing ofthe claim petition till the date ofactual payment. 6) Shri VK Sharma, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.26,684/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 30%. 7) Shri Shivendu Pandya, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on theother hand, contended that as the claimant on the date of the accident was a student and was not having any independent income of his own, the compensation of Rs.26,684/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Vikash Singh Rajput was aged about 17 years on the date of the accident. He was a student of 9 standard. His father Khem Singh is a Police Constable. The claimant sustained multiple serious injuries including fractures in the motor accident is established from the evidence of AW-2 Dr. Prakash Bhale Rao. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. True, the F" /zA claimant's father being in government service, the medical expenses could have been reimbursed by the State Government. But, in the present case it has come in the evidence of claimant's father that he did not apply for any such reimbursement. It is true that the claimant being a student aged about 17 years only, did not suffer any loss of income during the period of his treatment. 9) Nevertheless, the Tribunal has certainly erred in awarding low sum of Rs.2,000/- only towards special diet, attendant and conveyance. 10) The compensation of Rs.26,684/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.26,684/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanV claimant for enhancement ofthe compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on theenhanced amount of compensation in addition to the sum of Rs.26,684/- awarded by the Tribunal. ^^ --— ^o 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma IF' .„ F%^^^^^^'^^^w^^^^^