'd>-' ^ SinaieBench ; Hon'bie Shri DiiiD Raosaheb Deshmukh. *J. -cc.r'" Respondents 1. Kamal Kishore, S/o Late Moti Lal Sharma, aged 33 years, R/o Village Hasuwa, Thana and Tahsil Kasdol, District Raipur (C.G.) Versiss Rajendra Kumar @ Inder Agrawal S/o Shri Rambhagat Agrawal, aged about 41 yeare, resident of Khamtarai, District Raipur, At present residing Vasudevpara, Pithora. The Oriental Insyrance Company Limited, through its Branch Manager, Branch Office Moudahapara, District Raipur(C.G.) j ' . MiscellaneoysAppeatunderSection 173 pfthe SVSotor VehiclesAct. Present : - Shri Sunil Sahu, counsel for the appe'iant. Shri V. A. Goverdhan, counsei for respondent No.1. Shri Sudhir Agrawal, counsel for respondent No.2. 2. (Passed on this 2" day of Septembsr, Heard finally. (2) This is an appeal for enhancement of compensation awarded by the 1 Additional Motor Accidents Ciaims Tribunal, Baloda Bazar (henceforth "the Tnbunal") in Claim Case No.38/2005 by award dated 30-08-2005. The Tribunal has awarded compensation of Rs.28,259/-. From a perysal of the award passed by the Tribunal as also the record of Ciaim Case No.38/2005, it appears that the \ . ! ' claimant was hospitalizedfrom 11-02-2004 to 17-02-2004. An amount of Rs.5,000/- awarded by the Tribunal towards pain and suffering appears to be on the tower side and it would be appropriate to award Rs.10,000/- under the head of pain and sufrering. Similarly, the Tribunal has not awarded any amount either towards cost of an attendant or towards special diet. lr> the facts and cireumstancesofthe case, itappearsjustto award a sumofRs.3,OOQ/-underthe head "Special Diet" and "Cost of an attendant" considering the period of hospitalization of oniy 7 days. Enhancement of compensation on any other count 2.- <\ is unwarranted in view of the fact that no pennanent disabiiity was suffered by the.elaimant. (3) In the result; theappeal is al!ov/ed. tn modification of the amount awarded by the Tribunal, compensation of Rs.36,259/- is awarded to the claimant. Sd/- DiUp Raosaheb Deshmuldi Judge Tumane > -I B"