HIGH COURT OF CHHATTISGARH AT BiLASPUR DIVISSON BENCH CORAM: HON'BLE SHRi RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Y.^ MiscADDeal(C)No.735 of 2009 ADpeISant : Mukesh Kumar Khare, s/o Anuram Khare, aged about 32 years, r/o Biock 29/4, Risali Sector, Bhiiai, Thana Newai,Tahsil & District Durg (CG) VERSUS Respondents •< Ramchandra Banjare, S/o Santuram Banjare, aged about 23 years, Viilage - Temari, PS Ranchirai; District Durg (CG) (Driver) Santuram, S/o Mansaram, r/o Street No.3, Qtr No.5, Block No.2, Sector 5, Bhilai, Tahsjl & District Durg (CG) (Owner) ICICI Lombard General insurance Company, through Manager, Lalganga Shopping Mal, GE Road, Raipur, Tahsil & District Raipur (CG) (Insurer) IViiscelianeous Appea! under Section 173 of Motor Vehicles Act Present : Shri Arvind Dubey, counset for the appellant. Shri SKGuha, counsel for respondents No.1 and 2. Shri Amrito Das, counsel for respondent No.3. ORDER (18mAugust,2011) i''yQ&. ^ IVJ.A.C. No. 735 of 2009 <.-.. The foilowing order of the Court was passed by Rajeev Gupta, C.J. Appellanfclaimant Mukesh Kumar Khare is seeking enhancement of the compensation awarded by the First Additional Motor Accident Ciaims Tribuna!, Durg (for short 'the Tribunal') vide award dated 18.01.2008, passed in Claim Case No.4/2007. 2) As against the compensation of Rs.7,50,000/-, cfaimed by the appellant/claimant, by filing a ciaim petitlon under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.01.2007, the Tribunal awarded a total sum of Rs.1,35,490/- (Rs.1,27,800/- vide award dated 18.01.2008 + Rs.7,690/- vide award dated 1 1.02.2008) as compensation atong with interest @ 6% per annum from the date of filing of the ciaim petition till the date ofactual payment. 3) The Tribunal on a close scrutiny of the entire evidence ied before it heid the ICICI Lombard General Insurance Company, the insurer of the offending vehicie Motorcycle bearing registration No.CG-07/LD-2310 liable to pay the compensation to the ctaimant. 4) As the insurer of the above offending vehicle Motorcycle has not filed any appeal chalienging the above finding recorded by the Tribunai, the same now has attained finality. 5) The Tribunat considering the number and nature of the injuries proved to have been sustained by the ciaimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.91,800/- towards loss in the future earning capacity; ~';?\' ':^ M.A.C. No. 735 of 2009 Rs.19,000/- towards medica! expenses; Rs.6,000/- towards loss of income during the period oftreatment; Rs.6,000/- for attendant and special diet; and Rs.5,000/- for pain suffering. The Tribunal, thus, awarded a total sum of Rs.1,27,800/- 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.1,27,800/- @ 6% per annum from the date of filing of the claim petition tili the date of actual payment. The Tribunal, on the application filed by the claimant, further awarded Rs.7,690/- towards medical expenses vide order dated.11.02.2008. With the above amount of Rs.7,690/-, the totai compensation awarded by the Tribunal became Rs.1,35,490/-. 6) Shri Arvind Dubey, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,35,490/- only, though the appetlant sustained fracture of his right femur bone in the motor accidentand spent substantiai amount on treatment. 7) Shri Amrito Das, learned counsel for respondent No.3 the ICiCI Lombard General Insurance Company, the insurer of offending Motorcycle, on the other hand contended that the compensation of Rs.1,35,490/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Shri SK Guha, tearned counsel for respondent No.1 Ramchandra Banjare and respondent No.2 Santuram, the driver and owner of the offending vehicle Motorcycte also supported the award. ^^^ ^,^-^ '% \^sy S<s->-r;,,^,.mrf:l^-r- / MAC. No. 735 of 2009 9) Claimant Mukesh Kumar Khare was aged about 32 years on the date of the accident. He was working as Supervisor in a private concern MJ Enterprises. The claimant sustained fracture of his right femur bone in the motor accident is established from the evidence of AW/3 Dr. Akhilesh Yadav. 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 the fracture of his right femur bone could not have attended his duties as Supervisor for sufTiciently long resulting in monitory loss to him. 10) The compensation of Rs.1,35,490/- 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 atl 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.1,35,490/- awarded by the Tribuna! as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanVclaimant for enhancement ofthe compensation, therefore, 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.1,35,490/- awarded by the Tribunal. /^."^ //SK^^ \ 1 1 '^,^^^ :^^ i padma 4AC. No. 735 of 2009 13) Respondent No.3 the ICICI Lombard General Insurance Company 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