<" HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, Wlisc. Appeal (C) No. 1 053 of 2011. Appellant ; Rakesh Kumar Baghel, aged about Claimant 17 years, s/o Yashwant Baghel, being.minor through father Yashwant Baghel, aged about 45 years, s/o Sahdeo Baghel, by caste Kalar, r/o village Badetopar, Thana and Tahsil Antagarh, distt. Uttar Bastar Kanker. VERSUS Respondents Driver Owner Chandulal, aged 30 years, s/o late Itwariram by caste Gond, r/o Madrasipara, Antagarh distt. Uttar Baster Kanker. Mahadeo Prasad, s/o Krishna Prasad, r/o village Nayapara thana and tahsil Antagarh, distt. Uttar Baster Kanker. Insurer 3 National Insurance Company Ltd., through Branch Manager, above Central Bank, near R.M.S. Office, Jagdalpur C.G. Memo of appealjjnder^ection 173 of Motor Vehicle Act Present: ShriParag Kotecha, counsel for the appellant. ,QRDER (19th October, 2011) The following order of the Court was passed by Rajeev Gupja, C.J. ••-.'i M.A.C. No.1053 of2011 ^ v Shri Parag Kotecha, learned counsel for the appellant is heard on admission. 2) Appellant/ claimant Rakesh Kumar Baghel is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Kanker (for short 'the Tribunal') vide award dated 25.06.2011, passed in Claim Case No.37/2011. 3) As against the compensatTon of Rs.12,50,000/- claimed by appellant/claimant Rakesh Kumar Baghel, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 15.07.2010, the Tribunal awarded a total sum of Rs.1,46,000/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 4) Shri Parag Kotecha, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,46,000/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of20%. 5) Claimant Rakesh Kumar Baghel was aged about 17 years only on the date of the accident. The claimant sustained multiple <tt~ injuries in the motor accident on 15.07.2010 has been found proved by the Tribunal. Though the claimant produced a disability ceri:ificate before the Tribunal and examined AW-2 f<l Dr.T.K. Turre to prove the said certificate, the Tribunal did not believe the doctor's evidence and the disability certificate as the A.C.No.1053 of 2011 \^ doctor himself admitted in his cross-examination that the disability suffered by the claimant was not of permanent nature. The bills and vouchers produced by the claimant before the Tribunal in regard to the expenses incurred on his treatment were to the extent of Rs. 1,20,8277- only and the Tribunal has awarded Rs.1,25,000/- towards medical expenses. The Tribunal has awarded reasonable amount of compensation under alt the permissible heads to the claimant. 6) On due consideration of the submissions of learned counsel for the appellant and the above-mentioned broad fesitures of the case, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 7) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarity. Sd/- ChiefJustice ^se^-— Sd/- R.N. Chandrakar Judge subbu <*--