HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1371 of 2008 Appeal under Section 173 of the Motor Vehicle Act Present: Shri Goutam Khetrapal, counsel for the appellant. Shri Manish Upadhyay, counsel on behalf of Shri K.N. Chaturvedi, counsel for respondent No.3. ORDER (30m June, 2011 ) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant Smt. Biraj Bai, w/o Deenaram Nai, aged about 45 years, r/o village Dhaba, Tahsil Dongargaon, district Rajnandgaon C.G. ‘VERSUS \ Respondents Avadh Kishore, s/o Dallu Ram Yadav, aged about 30 years, occupation driver, r/o village T) Madarpur, post Kishanpur, district Siwan (Bihar) 2 Ganga Rasayni Private Limited, through Director, Nitin‘ Porwai, 50-B Harish Mukherjee Road, Police V] Station Kalighal, Koikata W.B. 3 The Oriental Insurance Company Limited, through Divisional Manager, Malviya Nagar, Durg, Tahsil and District Durg C.G. » WWW x §’m ‘ Appenant/ciaimant Snlt. Biraj Bai is seeking enhancement of the compensation awarded by the Motor Accident Ciaims Tribunai, Rajnandgaon (for short ‘the Tribunai’) vide award dated 20.06.2008, passed in Ciaim Case No.45/2007. 2) As against the compensation of Rs.4,52,000l— claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by her in the motor accident on 20.01.2007, the Tribunal awarded a total sum of Rs.32,000/— as compensation along with interest @ 7% per annum from the date of tiling of the claim petition till the date of ta actual payment. r .f 3) The Tribunal on a close scrutiny of the entire evidence led before it held the insurer of the offending vehicle Truck-Tanker V bearing registration No.W.B.39/8853 liable to pay compensation to the claimant. The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident awarded Rs.30,000/— towards permanent disability; Rs.1,000/— towards medical expenses; and Rs.1,000/— towards special diet. The Tribunal, thus, awarded a total sum of Rs.32,000/— as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.32,000/- @ 7% per annum from the date of nling of the claim petition till the date of actual payment. 4) Shri Goutam Khetrapal, learned counsel for the appellant mjc submitted that the Tribunal has err d ‘n not awarding any sum towards loss of income durjng the period of treatment; pain and suffering; and in awarding low compensation of Rs.32,000/— only. 5) Shri Manish Upadhyay, learned counsel appearing on behalf of Shri K.N. Chaturvedi learned counsei for respondent No.3 the Orientai Insurance Company Limited, insurer of the offending vehicle Truck-Tanker, on the other hand, supported the award and contended that the compensation of Rs.32,000/— awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 6) Claimant Smt. Biraj Bai was aged about 45 years on the date of the accident. She was labour by occupation. The claimant sustained multiple serious injuries including fracture of her left hand is established from the-evidence of AW2 Dr. Anil Mahakalkar. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant being a labour on account of the fracture of her left hand could not have performed her duties as labour for a period of 2—3 months, resulting in monitory loss to her. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment and for pain and suffering. 7) The compensation of Rs.32,000/- 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. 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of nimm'l interest component on thewenhanced amount of compensation wou1d make the compensation of Rs.32,000l— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 9) For the foregoing reasons, the appeal flied by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.20,000l— inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.32,000/- awarded by the Tribunal. 10) Respondent No.3 the Oriental lnsurance Company Limited is granted three months’ time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. Sd/_ RN. Chandrakar Sd/_ Chief Justice Judge