HIGH COURT OF eHHATTlSGARH AT BILASPUR DIVISiONBENCH CORAM: HON'BLE SHRII JRAJEEVGI.IPTA.CJ. HON'BLESHRISUN!LKUMARS!NHA,J. Misc.iftDpeal N0.797 of % Appellant : Makhan ^Singh, aged 52 years s/o Claimant LaXmjRaiput;R/bBacksideofHigh SchOol Ratanpur, jF'.S. Ratanpur, Tah.Kota, district BilaspurC.G. VERSUS Respondents ^- 1. Saritram Dhruwes/o Sukalu Dhruwe R/p Rajmahal Chowk, Kavardha, At present R/6 Ghanciywabjiata, Link Road, Tarbahar, Bilaspur Tah. & Distt. Bilaspur (C.G^. 2. Kej3tan Ramgopal Singh, Through: Seeva Transport &E.C.L; Gevara, Dist. KorbaC.G. 3. PaFdesiram Sahu S/o M.R. Sahu, through Geetanjali Construction Nehrunagar, Bilaspur Tah. & Dist. BilaspurC.G. 4. New India Insurance Co. Ltd. thrpugh Braneh Mianager, Brahch Office, Rajendranagar,BilaspurC.G. MISC. ftPPEALUNOERSECTlON1730f=THEMCCI'OR VEHIGI..ESftCT,1988 —~T- Present: Shri Goutam Khelrapal, learned counsel forthe appe|lant.'.<. Noneforrespondent&No.1t2&3. Sljiri Shivendu Pandya, learnecieounselfor resporidentNo.4^ ; ORDER ith (1fn February; 2011) b,-gsa 'ISE. :'h . < ^.. ^ The following order of the Court was passed by Rajeev Gupta, C.J. Appeilant Makhan Singh is seeking enhancement of the compensation awarded by the Ninth Additional Motor Accident Claims Tribunal, Bllaspur (forshort 'the Tribunal') vide award dated 09.05.2005, passed in Claim Case No.174/2004. 2) As against the compensation of Rs.5,60,000/- claimed by the appellant/ claimant, by flling a claim petition under Section 166 of the Motor Vehictes Act forthe injuries sustainedjby him in the motor accident on25.03.2004, the Tribunal awarded a total sum of Rs.84,879/- as eompensation along with interest @ 6% per annum from the date of filing of the claim petition tilt the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Makhan Singhsustained multiple serious injuries including fractures in the motor accldent on 25.03.2004; the injuries andfractures sustained bythe claimant in the motor accident resulted in permanent disability to the extent of 10%; the accident oecurred due to rashand negligent driving of the driver of-the offending vehicle Dumper bearing registratibn '_/_.___.__._ ' /. . . . ^- .. .:. . _ ' NO.C.G.12ZC/9346; as the above offending vehicle Dumper dn the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company eould not establish any breach of the policy conditions,the Insurance Company was tiable fo pay compensation to the claimant. ..</ :!:.L^P^"J:::~;l£s-. jffF'' /^ ., . '-S^ 8 » :'%:, / 4) As the respondents have not filed any appealagainst the award, the above findings recorded by the Tribunal have now attained finality. " 5) The Tribunal considering the number and nature of the injuries proved to have been ^ustained bythe claimant in the motor accident and the resultant permanent disability to the extent of 1 0% and the amount proved to have been spent on his treatment, awarded Rs.30,722.54 towards medical expenses; Rs.23,556/- towards loss of income in terms of leave during the period of treatment; Rs.15,000/- towards permanent disability to the extent of 10%; Rs.10,000/- towards pain and suffering and loss of future amenities; Rs.1,000/- towards speeial diet; Rs.1,000/- towards attendant; and Rs.600/- towards conveyance. The Tribunal, thus, awarded a total sum of Rs.84,879/- as compensation to the claimant for the injuries sustalned by him in the motor aecident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.84,879/- @ 6% per annum from the date offiling ofthe claim petition till the date of actual payment. 6) Shri Goutam Khetrapal, learned counsel for the appetlant submitted that the Tribunal has erred in awarding only Rs.23,556/- towanJs'loss of ineome/ leave by considering only netsalary ofthe claimant,|whereas it ougfit to have beenassessed on the basis of his gros^ salary; and in awarding low compensatipn of Rs.84,879/- only. %. I I.^' t;^SSiii"' ^ 7) Shri Shivendu Pandya, iearned counsel for respondent No.4 the New India Insurance Company Limited, on the other hand, supported the award and cohtended that the compensation of Rs.84,879/- awarded. by the Tribunal is just and proper compensation in the faets and circumstances of the presentcase. 8) In a motor acciderrt claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals shpuld be just ahd proper compensation in the facts and circumstanGes of the ease. It shoutd neither be a meager amoynt of compensation, nor a Bonanza. 9) : Now we shall examjne as to wltether the compensation of Rs.84,879/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Glaimant Makhan Singh wasaged about 52 years on the date of the accident. The unfortunate accident wherein the claimantsustained multiple serious injuries took place in the year 2004. Theclaimant atthe relevant time was workingas peon inthe Forest Department. His salary certiflcate (Ex.P/42) produced before the Tribunal reveals that he was getting gross salary of Rs.5,278/- per month; whereas his net salary afterdeduGtionswas Rs.4,443^ per monfh. The award of Rs.1,000/--towai"ds special 'diet; Rs.1 ,DOQ/- towards attendant; and Rs.600/- foileonveyance, in ouropinion,issamewhatonthelowersk)e. 11) Corisidering alltttereleyant aspects ofthe matter the ODinioh that further award of Rs.15,000/- incliasive we are of 6T tnterest nBIJi''MIBW'' E81111i:'lijl''BK3i':; •3%^!- ^ subbu ^ component on the enhanced amount of compensation would make the compensation of Rs.84,879/- awarded by the Tribunal as just and proper compensation in the factsand circumstances of the presentcase. 12) The appeal filed bythe appellant/ claimant for enhancement of the compensation,therefore,is allowed in part. Theclaimant is awarded furthersumof Rs.15,000/-inclusive of interest component on the enhanced amount of compensation in addition tothe sum of Rs.84,879/- awarded bythe Tribunal. 13) Respondent No.4the New India InsuranceCompanyLimited is granted three mohths' time for depositing the total sum of Rs.15,000/-beforetheconcerning ClaimsTribunal. 1 14) Noorder as tocosts. Sd/- ChiefJustice Judge A J. .-^ ''i-=^y' .Sri/. Sunil Kumar Ssnha ^udge il :! .1. i: JN ill l..;l II li I j i 1 ! 1