^^S.VS.S^,. SfF ..-s^ci&:I£-'i. f'C 'l ^^^®^.. s -^^' £? lii^.J'L^^^ ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 53 of 2009 Appellant/ Claimant before the Tribunal Resoondents Shrichand Bhagwani, s/o Shri Challu Ram Bhagwani, aged about 37 years, occupation service r/o Deshlahra Nagar, Sindhi Colony, Durg, tah. & distt. Durg M.P. VERSUS Puneet Ram s/o Shri Somau Ram, r/o Borgahan, P.S. Arjunda Tah. Gunderdehi dist. Durg C.G. (Driver of Tanker No.C.G.07/ ZC/0757) Jashpal Singh Gill s/o Sohan Singh Gill, r/o Malviya Nagar, P.S. Mohan Nagar Durg, Tah. & dist. Durg (M.P.) (Owner of Tanker No.C.G.07/ ZC/0757) Branch Manager, National Insurance Company Limited, Gill Complex, Gurudwara Road Durg, Tah. & Dist. Durg M.P. (Insurance Company of Tanker No.C.G.07/ ZC/0757) Misc. Appeal under Section 173 ofthe MotorVehicle Act. Present: Shri Jitendra Gupta, counsel for the appellant. Shri B.N. Nande, counsel for respondentNo.3. ORDER •th (25tnAugust,2011) ^n "A. MAC No. 53 Of 2009 -^ The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Shrichand Bhagwani is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 21.08.2008, passed in Claim Case No.02/2005. 2) As against the compensation of Rs.7,57,250/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 23.05.2004, the Tribunal awarded a total sum of Rs.27,000/- as compensation along with interest @ 6% per annum. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the National Insurance Company Limited, the insurer of the offending vehicle Tanker bearing registration No.CG-07-ZC/0757, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Tanker 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 spent on treatment, awarded Rs.12,000/- towards loss of income during the period of treatment; Rs.8,000/- for pain and suffering; Rs.4,000/- for medical expenses; and Rs.3,000/- for attendant "^?. MAC No. 53 of 2009 and special diet. The Tribunal, thus, awarded a total sum of Rs.27,000/- 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.27,000/- @ 6% per annum. 6) Shri Jitendra Gupta, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.27,000/- only though the appellant/ claimant sustained multiple serious injuries including crush injuries on his left leg in the motor accident resulting in permanent disability to theextentof23%. 7) Shri B.N. Nande, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Tanker, on the other hand, supported the award and contended that the compensation of Rs.27,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Shrichand Bhagwani was aged about 37 years on thfi date of the accident. He was working in a private firm Vishal Agencies and was getfing salary of Rs.5,000/- per month. The claimant sustained crush injuries on his left leg is established from the evidence ofAW2 Dr. V.S. Baghel. Though the claimant pleaded that he spent Rs.25,000/- on his medical expenses, the bills and vouchers produced by the claimant before the Tribunal in that behalf remained unproved. The claimant pleaded that on account of the injuries sustained by him in the motor accident he MAC No. 53 of 2009 @ was compelled to take leave for a period of four months resulting in monitory loss to him. 9) The compensation of Rs.27,000/- 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. 10) 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.27,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal fited by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.27,000/- awarded by the Tribunal. 12) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge subbu