..,-y ..-^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant . Respondents Non-applicants Misc Appeal (0 No.1326 of 2009 Deepak Sharma, son of Krishna @ Vishnu Sharma, aged about 22 years, r/o Chikhli, Ward No.3, Tah & Distt Rajnandgaon VERSUS 1 Devendra Kumar Dewangan, son of Bhola Ram Dewangan, aged about 36 years, r/o Banspai para, Near Shiv Temple, Tah & Distt Rajnandgaon (CG) (Driver & Owner) 2 The National Insurance Co Ltd., through the Branch Manager, Kamthee Line, Rajnandgaon (CG) IVIisceJlaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri VK Sharma, counsel for the appellant. Shri Q Aziz, counsel for respondent No.2. ORDER •th (26mSeptember,2011) The following order of the Court was passed'by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the First Additional Motor Accident .~\ ;^>- ss^l ~"i 8 /-s ^ v»'^:^' "<^*-.^.. ^.^!- s-v MACNo.1326 of 2009 Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 25.07.2009, passed in Claim Case No.219/2008. 2) As against the compensation of Rs.4,39,000/-, claimed by the appellant/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 10.11.2007, the Tribunal awarded a total sum of Rs.1,05,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 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 Tata-Sumo bearing registration No.CG 05 9954 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Tata-Sumo has not filed any appeal chatlenging the above finding recorded by the Tribunal, the same now hasattained 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 been spent on treatment, awarded Rs.66,000/- towards permanent disability; Rs.20,000/- for pain and suffering; Rs.13,000/- towards medical expenses, special diet and conveyance; and Rs.6,000/- towards losS of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.1,05,000/- 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 ..J/ MACNo.1326 of 2009 of Rs.1,05,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri VK Sharma, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,05,000/- only, though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of40%. 7) Shri Q Aziz, learned counsel for respondent No.2 the National Insurance Company Limited, the insurer of the offending vehicle Tata-Sumo on the other hand supported the award and contended that the compensation of Rs.1,05,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Deepak Sharma was aged about 22 years on the date of the accident. He was a vegetable vendor by occupation. The claimant sustained multiple serious injuries including fractures of his right Tibia and Fibula bones in the motor accident is borne out from the evidence available on record. It is a matter of cbmmon knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant being a vegetable vendor, on account of the fractures of his right Tibia and Ffbula bones, could not have attended his business activities as vegetable vendor for a period of 3-4 months resulting in monitory loss to him. 9) The sum of Rs.6,000/- and Rs.13,000/- awarded by the Tribunal towards loss of income during the period of treatment and MACNo.1326 of 2009 medical expenses, special diet and conveyance are certainly on the lower side. 10) The compensation of Rs.1,05,000/- 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 desefves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,05,000/- awarded by the Tribunal asjust and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanVclaimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.30,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,05,000/- awarded by the Tribunal. 13) Respondent No.2 the National Insurance Company is granted three months' time for depositing the total sum of Rs.30,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge padrtia