^s:r^;^ "•^;.. '•^ "'58^ I i,s"'"*5g, fl y/f '^sy^yf: ''r'' HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal No. 281 of 2003 \^ APPELLANT Santosh Kasar RESPONDENTS Non-applicants Versus . Abdul Rajjak and another lli||! AWARD For consideration Si -12-2011 Hon'ble Shri Justice RajeeyG^ypta 3 SdA Ouef Justice Sd/- N.K. Agrawal Judse H II:! Post for pronouncement of Award: (2--12-2011 Sd/- N.K. Agrawal Judge 1 liir-j- g^ji[gBBnigaw^^^»^^wa <^ 'ilA HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT RESPONDENTS (Non-Applicants) MISC. APPEALNo. 281 of 2003 Santosh Kasar, S/o Chakradhar Kasar, aged about 30 years, R/o Near Chandi Mandir, Mathpara, Dist : Durg (C.G.) Versus 1. Abdul Rajjak, S/o Suleman Musalraan, aged about 41 years, R/o Rojgar Para, Konda Gaon, Dist. Jagdalpur. .. .Driver 8s Owner of the Vehicle 2. Oriental Insurance Co. Ltd. Through its Branch Manager, Branch Office, Sadar Bazar, Main Road, Jagdalpur. MISCELLANEOUS APPEAL U/S 173 OF THB MOTOR VEHICLE ACT Corain: Hon. Shri Rajeev Gupta, C.J. 85 Hon. Shri N.K. Agar\val, J PRESENT:- Shri P. R. Pataknkar, counsel for the appellant. None for respondents No.l. Shri Shri P. Dutta and Shri Varun Dubey, counsel for respondent No.2. AWARD (Passedon j^—12-2011) Per N.K. Agarwal, J. This ^s claimant's appeal for enhahceraent of compensation awarded by-the 5th Additional Motor Accidents Claims Tribunal, Durg, (for short the Tribunal') in Claim Case No.65/2001 vide its award dated 22.07.2002. ^ \i^\ 2. As against compensation of Rs. 18,30,OOO/- claimed by the claimant Santosh Kasar by filing claim application under Section 166 of the Motor Vehicles Act, 1988 (henceforth the Act') for the injuries sustained by him in the motor accident on 18.06.1999, the Tribunal has awarded a total sum of Rs.1,63,000/- as compensation along with interest @ 9% per annum from the date of application till its actual payment. 3. The Tribunal, on a close scrutiny ofthe evidence led, held: the accident had occurred due rash and negligent driving of Truck bearing registration No.M.P.23/D/8551 by its driver Abdul Rajjak; appellant/claimant sustained injuries in the said accident; respondent No.2/the Oriental Insurance Company liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded Rs.1,63,000/- as compensation to the claimant along with interest at 9% per annum from the date of application till its actual payment. 4. Shri P. R. Patankar, leamed counsel appearing for the appellant would submit: the Tribunal has not considered the entire medical bills and vouchers produced by the appellant/cl^imant while assessing the 'amount of compensation. The Tribunal further erred in awarding low compensation of Rs.12,000/- only for pain and suffering and thus the Tribunal has fallen in errbr in awarding low corapensation ofRs.1,63,000/-. KK ^!»<l^B;(?.ami( IrfJl.liil;S:;^,£^fe^ ^_^|ps^^^:^>;is^^^^i^^^;^^g&;: ^g^^: 5. On the other hand, Shri P. Dutta and Shri Varun Dubey, learned counsel appearing for respondent No.2 - insurance company supported the award and submitted: in the facts and circumstances of the present case, the amount of compensation awarded by the Tribunal ~is just and proper compensation which does not call for any interference. 6. We have heard learned counsel for the parties and have perused the record of the Tribunal including the award impugned. 7. To prove the injuries and resultant loss, fhe appellant/claimant examined Dr.A.D.Urgonkar (A.W.2). On a bare perusal of the evidence of Dr.A.D.Urgaonkar (A.W.2) and the disability certificate (Ex.P.61), it would reveal that the appellant sustained disability to the extent of 40% but the disability sustained by the appellant is only of his right leg and not of his whole body. As per Dr. A. D. Urgaonkar (A.W.2), like before the appellant can drive the vehicle and there may be fair chance of improvement in the disability sustained by the appellant. Further, there is nothing in the evidence which could show, appellant sustained any future loss of earning capacity on account of above disability. 8. We have perused the medical bills and vouchers produced and proved by the appellant in the case, total of which is about Rs.1,20,000/-. The Tribunal awarded Rs.1,00,000/- only 't;.:. lj'^-l:-:ti^^^ I^IJVlJii-eto) \iW ^4 towards medical expenses, Rs.15,000/- towards future medical expenses, Rs.12,000/- for loss of income during treatment, Rs.12,000/- for pain and suffering and Rs.12,000/- in substance towards conveyance, attendant and special diet and thus the Tribunal has awarded a total compensation of Rs.1,63,000/-. Therefore, it appears, the Tribunal although has awarded Rs.15,000/- towards further medical expenses but against the bills produced by the appeUant, has awarded only Rs.1,00,000/-. 9 . Looking to the number and nature of injuries sustained by the appellant, in our opinion, the amount of Rs.12,000/- awarded by the Tribunal towards pain and suffering is also somewhat on lower side. 10. Therefore, in our considered opinion, although the appellant/claimant has not sustained any future loss of earning capacity, but even the amount awarded is inadequate so far as raedical expenses and amount awarded towards pain and sufferings is concemed. 11. When the matter is examined in the context of above broad features of the case, in our considered opinion, a further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation awarded by the Tribunal as just and proper compensation. j.—^ •L ... \jl^ 12. For the reasons mentioned hereinabove, the appeal is allowed in part. The appellant is further awarded a sum of Rs.25,000/- inclusive ofinterest coraponent, over and above the amount of compensation awarded by the Tribunal. The award is modified to the above extent. Rest of the conditions of the award shall ren'iain intact. 13. Respondent No.2/the Oriental Insurance Company Limited is granted three months' tiine to deposit the enhanced amount of compensation of Rs.25,000/- before the concerned Claims Tribunal. l':L-^=Cto_Qrder as to costs. SdA ~ chiefJustice Sd/- N.K. Agrawal Judge i't; lill,; .),; •-• •"'" >E -iSS»»MEk>m"—""'CTI!s-1""