HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH ^, CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Misc. Appeal No. 972 of 2006 Vinit Kumar Gupta, son of Shri Narbadeshwar Prasad Gupta, aged about 27 years, occupation business, resident of Sangam Chowk, Ambikapur, district Surguja C.G. VERSUS Respondents 1.. Satya Prakash Upadhyay, aged Jagannath Prasad Upadhyay, caste Bramhan, occupation not known, resident of Amarkantak Road, Anuppur, Madhya Pradesh (Owner of offending vehicle) 2. Mahendra Upadhyay, son of Shri Satyaprakash Upadhyay, aged about 22 years, caste Bramhan, occupation Driver, resident of Amarkantak Road, Anuppur, Madhya Pradesh. (Driver of offending vehicle) 3. The Oriental Insurance Company Umjted, Branch Office, Bilaspur, C.G. (Insurer of offending vehicle) Misc. Appeal underSectLon 173 ofthe MotorVehicle Act. Present: Shri Prashant Gupta, counsel on behalf of Shri R.S. Marhas, counsel for the appellant. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER (26th August, 2011) /y^'^ //:"^ \ ll ili&is€5i^ I •l l"—^1j \sy M.A. No. 972 of 2006 The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Amibikapur, Sarguja (for short 'the Tribunal') vide award dated 12.05.2006, passed in Claim Case No.29/2005. 2) As against the compensation of Rs.7,40,000/- claimed by the appellanVclaimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him in the motor accident on 15.08.2005, the Tribunal awarded a total sum of Rs.83,124/- 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 Marshal Jeep bearing registration No.M.P.18B/0302, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Marshal Jeep 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.49,324/- towards medical expenses; Rs.20,000/- for pain and suffering; Rs.5,000/- for special diet; Rs.5,000/- for future medical "'^.-\ "y^ -^s-l^ 1 y / M.A. No. 972 of 2006 3^; expenses; Rs.2,500/- for attendant; Rs.1,300/- towards loss of income; and Rs.1,000/- for loss of business. The Tribunal, thus, awarded a total sum of Rs.83,124/- as compensation to the claimant for the injuries sustained by him in the motor acddent. The Tribunal further directed payment of interest on the above amount of compensation of Rs.83,124/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Prashant Gupta, learned counsel appearing on behalf of Shri R.S. Marhas, learned counsel for the appellant submitted that the Tribunal has erred in awarding low amount of Rs.1,300/- only towards loss of income and low compensation of Rs.83,124/- only. 7) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Marshal Jeep, on the other hand, supported the award and contended that the compensation of Rs.83,124/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Vinit Kumar Gupta was aged about 27 years on the date of the accident. He was assisting his father in running Poha Mill. The claimant sustained multiple serious injuries including fractures of his right tibia and fibula bones is established from the evidence of AW-4 Dr. B.S. Sengar. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures of his right tibia and fibula bones could not have attended his duties in Poha Mill of his father. He must have suffered monitory loss in that 4 M.A. No. 972 of 2006 5^ ^ K-^' behalf. The Tribunal certainly has erred in awarding meager amount of Rs.1,300/- only towards loss of income. 9) The compensation of Rs.83,124/- awarded by the Tribunal when examined in the context of the above mentioned broad features ofthe case, in our opinion, is certainly 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.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.83,124/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.83,124/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No order as to costs. _^— Sd/- ChiefJustice Sd/- N. K. Agarwat Judge subbu