•1F HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Non-applicants Misc. Appeal No. 219 of 2005 Ramendra Kumar @ Raamendra Kumar Meravi s/o Jaitram Meravi, aged 43 years, r/o Qr No. H-1, 18 acre, Police Line, Rajnandgaon (CG) VERSUS 1 Sawan Kumar Verma, s/o Rangulal Verma, aged 28 years, r/o Subhash Chowk, ward No.6, Motipur, Rajnandgaon (CG) 2. Rajkumar Verma, s/o Rangulal Verma, r/o Subhash Chowk, ward No.6, Motipur, Rajnandgaon (CG) 3 National Insurance Company Limited, HO at 3 Midilton Street Kolkata - 700071 Through Divisional Manager, Division Office, Akash Ganga Complex, Supela, Bhilai, Distt Durg IVIisc. Appeal underSection173ofthe hflotorVehicleAct. Present: Shri Amiyakant Tiwari, counsel for the appellant. Shri Goutam Khefrapal, counsel for respondent No.3. ORDER >th (08InAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the M.A. No.219of2005 z\ compensation awarded by the First Additional Motor^ Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 06.11.2004, passed in Claim Case No.94/2003. 2) As against the compensation of Rs.6,96,928/- 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 27.04.2003, the Tribunal awarded a total sum of Rs.43,400/- ascompensation 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 Motorcycle bearing registration No.C.G.08- ZE/9279, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Motorcycle 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.23,383/- towards medical expenses; Rs.10,000/- for pain and suffering; and Rs.10,000/- for loss in the future earning capacity and for future inconvenience. The Tribunal, thus, assessed the total compensation at Rs.43,383/-, which was rounded offto Rs.43,400/-. The Tribunal, thus, awarded a total sum of Rs.43,400/- as compensation to the claimant for the injuries sustained by him in the M.A.No.219of2005 '^ motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.43,400/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Amiyakant Tiwari, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income/leave during the period of treatment; attendant; and conveyance; and in awarding low compensation of Rs.43,400/- only. 7) Shri Goutam Khetrapal, learned counsel fdr respondent No.3 the National Insurance Company Limited, the insurer of the offending vehicle Motorcycle, on the other hand, supported the award and contended that the compensation of Rs.43,400/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Ramendra Kumar @ Raamendra Kumar was aged about 43 years on the date of the accident. He was working as Head-constable in the Police Department. The claimant sustained multiple serious injuries including fractures in the motor accident has been established from the evidence of AW-3 Dr. Y.K. Tiwari. It is a matter of common knowledge that substantial amount is requiped to -be spent on the treatment of fractures. It is true that the claimant being in the police service, most of the medical expenses incurred must have been reimbursed by his employer, the State Government. The Tribunal certainly has erred in not awarding any sum towards loss of income/leave during the period of treatment; conveyance; M.A. No.219of2005 -T,/h and attendant. 9) The compensation of Rs.43,400/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 10) Considering all the relevant aspects of the matter, we are of the opinion that furi:her award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.43,400/- awarded by the Tribunal as just and proper compensation in the facts and ciccumstances of the present case. 11) The appeal filed by the appellant/ daimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.43,400/- awarded by the Tribunal. 12) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- ChiefJustice Sd/- N.K. AgrawaS Judge nimmi