@ APPELLANT IGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH u Coram : HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR $INHA, J. MISC. APEAL N0. 600 ($2003 Shakeel Beg: 3/0 Khaieel Beg, aged 4O yrs, Rio Village Lormi, Distt. Bilaspur Vevsus V“ RSPONDENTS 1. Ramkumar, Slo Ashok Kumar, aged 3O yrs., Owner —- Laxmi Travels’Bus No. MP. 26 Cl5588, \N ‘ Rio Lormi, Tehsil Lormi, Distt. Bilaspur. 2 Jagritdas, 8/0 Jeevandas. aged 45 yrs., R/o Daupara Mungeli, Tehsil Mungeii, Tehsil Mungeii, Distt. Bilaspur. 3. The Oriental Insurance Company, Dayalband, Bilaspur. MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT Présent : Shri Paiiav Mishra, learned counsel on behaif of Shri Utkarsh Verma, Iearned counsel for the appellant. ORDER (215‘ october, zoos) The following order of the Court was passed by Raieev Gupta, C.J.: Learned counsel for the appellant is heard on admission. ) n 2 Appellant I claimai Shakeel Beg is seeking enhancement of compensatien awarded ~‘by Additional Motor Accident Claims Tribunal; MungelL District Bilaspur (for short ‘the Tribunal’) vide award dated 22.02.2003, passed in Claim Case No.14/99. . H I E \ 3) As against the compensation of Rs.3,90,000/-, ciaimed by the appellant l ciaimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor i accident on 04.11.98, the Tribunat awarded a total sum of VRs.16,500/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition, till the date of actual payment. 4) Learned counsel of the appellant vehementiy argued that the cempe'nsation of Rs.16,500/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries sustained by the appellant in the motor accident. 5) For the reasons best known to the appellant / ciaimant neither any certificate was adduced in evidence before the Tribunal nor any e doctor was examined to establish that the injuries sustained by the appeiiant in the motor accident resulted in any permanent disabiiity. 6) The tribunal on a thorough consideration of the evidence ted by the claimant before the Tribunal awarded a sum of Rs.6,000/— towards toss of income for a period of two months; Rs.5i000/- towards pain and suffering; Rs.3,000/- for special diet and conveyance; and Rs.2.,190/- towards medical expenses. The Tribunal‘ thus, awarded a total sum of Rs.16,500/— as compensation to the ciaimant. The Tribunal further directed payment of interest @ 9% per annum on the above amount of compensation of Rs.16,500/—. 7) On due consideration of the submissions of learned counsei for the appellant and the material available in the record, we are k‘i @ satisfed that the compensateon of Rs 16500/- awarded by the Tnbunai Is just and proper compensation In the facts and Circumstances of the present case. 8) As we do not find any scope for enhancement of the t compensation awarded by the Tribunal the appeal is liable to be dismissed and Is hereby dlsmlssed summarily //‘ ‘// ‘_ / 7/ r six// S - \\ Komat Smm S“ J“dge “ l l V 1' Sd/— l Chief Justice «l l