^. HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ.& HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT CIajmant Misc. Appeal (C) No.1144 of 2008 Vicky Soni, aged 24 years, S/o Shri S.K.Soni, R/o Mahurbadpara, Uttar Bastar, Distt. Kanker(C.G.) RESPONDENTS Driver Owner Versus 1. Bhopal Singh, aged about 33 years, S/o Jaman Singh Bora, R/o Pratap Ganj Para, Jadgalpur. 2. Nishan Singh, aged about 50 years S/o Sant Singh, R/o Pratap Ganj Para, Jagdalpur. 3. The United Indialnsurance Co. Ltd. Jagdalpur (C.G.) Appeal Under Section 173 ofthe Motor Vehicles Act.1988 Present: ShriParagKotecha, learned counsel forthe appellant. ORDER (22nd August, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Parag Kotecha, learned counsel for the appellant is heard on admission. 2. ^Appellant Vlcky Soni has filed this appeal under Section 173 of the Motor Vehicles Act for enhancement of the compensation awarded bythe Additional Motor Accidents Claims Tribunal, Kanker ET C^iSs \b -V (for short "the Tribunal"), videaward dated 23-07-2008, passed in Motor Accident Claim Case No.99/2007. 3. As against the compensation of Rs.5,21,925/- claimed by the 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 27-11-2004, the Tribunalawarded a lump-sum of Rs.75,000/- atong with interest @ 9% per annum from the date of filing of the ./ claim petition tillthe date ofactual payment. 4. Shri Parag Kotecha, learned counsel for the appellant vehemently argued that the compensation of Rs.75,000/- awarded by the Tribunal is too low in comparison to the serlous nature of the injuries and fractures sustained by the claimant resulting in permanent disability to theextent of 30%. 5. For the reasons best known to the claimant, no doctor was examined before the Tribunal to establish that the injuries and fractures sustained by the claimant resulted in any permanent disability. in this state of evidence, the Tribunal, in our opinlon, has rightly discarded the certificate adduced in evidence by the claimant showing that the claimant suffered 30% permanent disability on account of the injuries and fractures sustained by him in the motor accident. 6. From para 13 of the impugned award, we gather that the Tribunal has awarded a lump-sum of Rs.75,000/- towards the medical expenses, conveyance, future treatment, attendant and pain & suffering. (^ 7. Considering the appellant's age; occupation; the number and nature of the injuries and fractures sustained by him in the motor accident; the amount proved to have beenspent by him on his treatment; and the period during which he could not attend his duties, we are satisfied that the compensation of Rs.75,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 8. As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant for enhancement of the compensation is liable to be dismissed and is hereby dismissed summarily. Sd/- g^. \ SunilKumarSinha Chief Justice subbu y^