HIGH COURT OFCHHATTISGARH AT BILASPUR DIVISION BENCH HON'BLE SHRI RAJEEVGUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J .»•. Ctaimant Misc. Appeal iC) No.652 of 2008 Rajesh Yadav, S/o Bilasram Yadav, aged about 28 years, Occupation - Helper, R/o Malidia Boirdadar, Raigarh, Tahsil and District - Raigarh (CG) VERSUS 1 The Oriental Insurance Company Ltd., Itwari Bazar, Raigarh (Chhattisgarh) Through Branch Manager, Branch Raigarh (CG) 2 Nareh Sharma, S/o Niranjan Sharma, Occupation - Vehicte Driver, R/o Jutemil! Road, Raigarh, District Raigarh (CG) Nanki Kewat, S/o Rambharos Kewat, aged about 27 years, Occupation - Vehicle Driver, R/o Mahrapara Raigarh, District - Raigarh (CG) Miscellaneous Appea! under Section 173 of 3 Present : Shri Amit Sharma, counsel for the appellant. Shri Sudhir Agrawal, counsel for respondent No.1. None for respondents No.2 and 3. •th {15mJune,2011$ The following order of the Court was passed Appetlaht Rajesh Yadav is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, ^~,. !,-iSlfc2f .»•« Raigarh (for short 'the Tribunal') vide award dated 05.04.2008, passed in Claim Case No.73/2007. 2) As against the compensation of Rs.7,83,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 19.08.2006, the Tribunal awarded a totai sum of Rs.64,500/- as compensation along with interest @ 6% perannum from the date of filing of the claim petition tiil the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Rajesh Yadav sustained multiple serious injuries including fractures in the motor accident on 19.08.2006; the accident occurred due to rash and negligent driving of the offending vehicle dumper/truck bearing registration No.CG 12 ZC 0593; as the above offending vehicle dumper/truck on the date ofthe accident was insured with the Orientai insurance Company Limited, and the Insurance Companycould not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunat have now attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustalned by the ciaimant in the motor accident; and the amount proved to have been spent on treatment, \ \- ..>k*ss***'t'; ''l'.tA^ ^ t^^-s^. 3t •a'te>. !^~ .T-l •\ \- 3 awarded Rs.34,500/- towards loss in the future earning capacity; Rs.10,000/- towards pain and suffering; Rs.10,000/- for future medical expenses, Rs.5,000/- towards medical expenses and Rs.5,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.64,500/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunat further directed payment of interest on the above amount of compensation of Rs.64,500/- @ 6% per annum from the date of fl!ing of the claim petition til! the date of actual payment. 6) Shri Amit Sharma, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.64,500/- only, though the clatmant on account of the injuries sustained by him in the motor accident has been rendered unfit to pursue his occupation as Khalasi. 7) Shri Sudhir Agrawal, learned counsel for respondent No.1 the Oriental Insurance Company Limited, the insurer of the offending vehicle dumper/truck on the other hand supported the award and contended that the compensation of Rs.64,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Rajesh Yadav was aged about 28 years on the date of the accident. He wa's a Khalasi by occupation. The claimant sustained fractures of his left Tibia and Fibuia bones is established from the evidence of AW/2 Dr Anand Mohan Gupta. It is a matter of common knowledge that substantial amount is required to-be.spent on the treatment of fractures. The claimant, •ji.i'".J., '"'KSS' ^^-^ ''-^ Fv .:,;•' 's' "^ '&iiSSSfe, s , '"*::;^;'N€^^ Sj ^-•"' ^y 4 ^ < being a Khalasi, on account of the fractures in his left leg could not have performed his duties as Khalasi for a period of 4-6 months resulting in monitory loss to him. 9) The compensation of Rs.64,500/- 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 to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.64,500/- awarded by the Tribunai as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeal filed by the appellanfclaimant for enhancement of the compensatjon, therefore, is allowed in part. The ciaimant is awarded further sum of Rs.11,OQO/- inclusive of interest component in addition to the sum of Rs.64,500/- awarded bythe Tribunal. 12) Respondent No.1 the Oriental Insurance Company Limited is granted three months' time for depositing the tota! sum of Rs.11,000/- before the concerning Claims Tribunal. 13) No order as to costs. ' — Sd/- Chief Justice Sd/- R.N. Chacdrakar Judge padgaa ^ ^-