^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HQN'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (C) No.827 of 2010 Appellant Claimant Respondents Naresh Kumar Sahu, s/o Shri Khubchand Sahu, aged about 23 years, r/ovillage Basin, Police Station Gurur, District Durg (CG) \J VERSUS Bed Ram Sahu, s/o Shri Ramji Sahu, aged about 32 years, r/o village Soram, PS Dhamtari, District Dhamtari (CG) (Driver of alleged vehicle) Tulsi Ram Sahu, s/o Shri Dindayal Sahu, aged about 46 years, resident of village Soram, PS Dhamtari, District Dhamtari (CG) (Owner of alleged vehicle) The Bajaj Alliance General Insurance Company Limited, through Branch Manager, Branch Office, Raipur (CG) (Insurer of alleged vehicle) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Anil Gulati, counsel for the appellant. Shri SS Rajput and Ms Renu Singh, counsel for respondent No.3. ORDER >nd (22"°September,2011) MACNo.827 of 2010 ^ The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Naresh Kumar Sahu is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 08.07.2010, passed in Claim Case No.17/2010. 2) As against the compensation of Rs.4,60,000/-, claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 07.02.2009, the Tribunal awarded a total sum of Rs.1,04,460/- 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 Bajaj Alliance General Insurance Company Limited, the insurer of the offending vehicle Tractor bearing registration No.CG 04 DB /7631 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Tractor has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained 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.61,860/- for medical expenses; Rs.32,400/- towards y ^ '^ ^. ^SSt'> •! ^•»^?fS'^ fc^? MACNo.827 of 2010 ^ permanent disability; Rs.5,000/- for pain and suffering; Rs.4,200/- for conveyance; and Rs.1,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.1,04.460/- 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 ,04,460/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Anil Gulati, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment and attendant; and in awarding low compensation of Rs.1,04,460/- only. 7) Shri SS Rajput and Ms Renu Singh, learned counsel for respondent No.3 the Bajaj Alliance General Insurance Company Limited, the insurer of the offending vehicle Tractor on the other hand supported the award and contended that the compensation of Rs.1,04,460/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Naresh Kumar Sahu was aged about 23 years on trte date of the accident. He was working as Supervisor with a •Borewell Company and was getting salary of Rs.6,000/- per month. 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 common knowledge thsit substantial amount is required to be spent on the treatment of fractures. The claimant, on account of the fractures of his right Tibia and Fibula bones, could not have >- ^'?-'^ >/ •/ c; r. - ' ^s^ 'J } '^S^, -Jv;'"'' MAC No. 827 of 2010 ^ attended his duties as Supervisor in the Borewell Company for a period of 2-3 months resulting in monitory loss to him. 9) The Tribunal has certainly erred in not awarding any sum towards loss of income during the period of treatment and for attendant. 10) The compensation of Rs.1,04,460/- 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 suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,04.460/- awarded by the Tribunal asjust and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component ohthe enhanced amount of compensation in addition to the sum of Rs.1,04,460/- awarded by the Tribunal. 13) • Respondent No.3 the Bajaj Alliance General Insurance Company is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N.CItandrakai Judge