HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI MANINDRA MOHAN SHRIVASTAVA, J. Misc. Appeal No. 524 of 2005 Dharampal s/o Santosh Kumar, aged k about 11 years, through natural guardian his father Santosh Kumar s/o Munsiram, aged about 33 years, r/o. village Nevara, police station Kota, district Bilaspur C.G. VERSUS < Appellant Claimant 1 Radheshyam s/o Iate Mahabali, Respondents aged about 32 years r/o Jagdalpur, in front of Commissioner office Bastar, (owner and driver of the offending Truck vehicle bearing No. C.G. 17/20/0319) The Oriental Insurance Company Limited, Branch Office, Jagdalpur, district Bastar (insurer) Appeal under Section 173 of the Motor Vehicles Act Present: Shri P.K. Patel and Shri Govind Dewangan, counsel for the appellant. Shri A.K. Athaley, counsel for respondent No.2. ORDER (23” August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. a» Appellant/ claimant Dharampal is seeking enhancement of the compensation awarded by the 10‘“ Additional Motor Accident Claims 2 2 MA No. 524 of2oo5 @ Tribunal, Bilaspur (for short ‘the Tribunal’) vide award dated 14.01.2005, passed in Claim Case No.97/2004. 2) As against the compensation of Rs.8,84,800/— claimed by the appellant/claimant, by tiling a claim petition under Section 166 of the Motor Vehicles Act through his father Santosh Kumar, for the injuries sustained by him in the motor accident on 22.10.2002, the Tribunal awarded a total sum of Rs.2,10,000/- as compensation 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 Oriental Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.17/ZC/0319, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not tiled 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 spent on treatment, awarded Rs.1,40,000/— towards loss in the future earning capacity; Rs.50,000/- for pain and suffering; Rs.10,000/- for medical expenses, special diet and; conveyance; and Rs.10,000/- for loss of studies for one session. The Tribunal, thus, awarded a total sum of Rs.2,10,000/— as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the abové amount of compensation of Rs.2,10,000/— @ 6% per 3 M.A No. 524 of 2005 L23 . f N I ‘ annum from the date of filing of the claim petition till the date of actual payment. 6) Shri P.K. Patel and Shri Govlnd Dewangan, learned counsel for the appellant submitted that‘the Tribunal has erred in awarding low it compensation of Rs.2y10,000/— only though the appellant/ claimant it ‘ Inf” suffered amputation of his n'ght hand on account of the injuries and fractures suStained by him in the motor accident. 7) Shri A.K. Athaley, learned counsel for respondent No.2, the Oriental insurance Company Limited, the insurer of the offending vehicle TrLick. on the other hand, supported the award and contended that the compensation of Rs.2,10,000l— awarded by the Tribunal l cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Dharampal was aged about 10—11 years on the date of the accident. He was a student of 4th standard. The claimant sustained multiple serious injuries including fractures leading to amputation of his right hand below elbow is established from the evidence of AW3 Dr. G.L. Arora. it is true that on the date of the accident the claimant was not having any independent income of his own and was only a student of 4‘“ standard, but in due course he would have secured some good job for him but for the amputation of his right hand on account of the injuries sustained by him in the motor accident. The claimant would suffer mentally and physically on account of the amputation of his right hand throughout his life. 9) The compensation of Rs.2,10,000/— awarded by the Tribunal when examined in the context of the above mentioned broad features f’( i i i i j ’7 i t. 4 M.A No. 524 of 2005 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.50,000l- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.2,10,000/— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 1 1) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.50,000/— inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.2,10,000/— awarded by the Tribunal. 12) Respondent No.2 the Oriental Insurance Company Limited is granted three months’ time for depositing the total sum of Rs.50,000/- before the concerning Claims Tribunal. ll: subbu \ l \ l l \ I l l 13) No order as to ccsts. ## ' " Sdl— l Sd/. I V s ‘Manindra Mohan Shrivastava Chief JuStice i ' t Judge 7' Judge l l l