flSl.lbtNliUlal-INI.lBHi.'yiUIUyiUarite*! ^"' .:!s!'^.. i^su~A • ""'! ^ :'"c.'^l"; HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal No. 444 of 2006 Appellant Claimant Surya Prakash Patel, S/o Dwarika Prasad Patet aged about 22 years R/o Village Nimora, Tah. & Distt. Raipur (C.G.) ResDondents VERSUS Vinod Kumar, aged<about 36 years s/o Shivnath Kashyap R/o behind Mahesh Cold Stores, Bhinpuri, Tah & Distt. Raipur. (Driver) Shyam Sunder Verma s/o shri Ramchandra Verma r/o Village Girod Sub-Tah. Dharsiwa, distt. Raipur (Registered Vehicle Owner) Metador Tata -407, Vehicle No. C.G. 04ZB-0528. United India Ltd. Through United India Ltd., Krishna Insurance Divisional Insurance Complex, Company Manager, Company first Ftoor Kachhari Chowk, Raipur (C.G.) (Metador Tata-407, No. C.G. 04-ZB- 0528 of Insurer) Miscellaneous Appeal u/S 173 ofthe Motor Vehicle Act. Present: Shri S.K. Dadsena, counsel for the appellant. None for respondents No.1 and 2. Shri H.B. Agrawal, Senior Counsel with Shri Pankaj Agrawal, counse! for respondent No.3. V- ,-rf»' .- 'itS'ZL^ ORDER •ih (05'"January,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant - Surya Prakash Patel is seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 26.12.2005, passed in Claim Case No.148/2003. 2) As against the compensation of Rs.4,50,000/- 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 22.06.2003, the Tribunal awarded a total sum of Rs.14,675/- as compensation to the claimant along with interest @ 9% per annum from the date of filing of the claim petition tili the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before .it held that claimant Surya Prakash Patel sustained multiple injuries in the motor accident on 22.06.2003; the motorcyciist and the driver of the Metador (Tata 407) bearing registration No. C.G. 04/ZB 0528 equally contributed to the accident; as the above Metador (Tata 407) on the date of the accident was insured with the United India Insurance Company Limited and the Insurance Company could not establish any breach of the policv conditions, the Insurance Companv was liable to pay 50% of the compensation assessed to the claimant. '"••s^S^Si^'-' < '< 4) The Tribunal considering the number and nature of the injuries proved to have been sustained by the ctaimant in the motor accident and the amount proved to have been spent on treatment assessed the compensation at Rs.29,349/-, which was rounded off to Rs.29,350/-. As the insurer of the Metador was found liable to pay 50% of the compensation assessed, the Tribunal directed the insurer to pay Rs.14,675/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.14,675/- @ 9% per annum from the date of filing of the clajm petition till the date of actual payment. 5) Shri S.K. Dadsena, learned counsel for the appellant submitted that the Tribunal has erred in holding that the motorcyclist also contributed to the accident to the extent of 50% and in awarding low compensation of Rs.14,675/- only. 6) Shri H.B. Agrawal, learned Senior Counset with Shri Pankaj Agrawal, learned counsel for respondent No.3 the United India Insurance Company Limited, on the other hand, supported the award and contended that the compensation of Rs.14,675/- awarded by the,Tribunal is just and proper compensation in the facts and circumstances of the present case. 7}. Claimant Surya Prakash Patel was aged about 22 years on the date of the accident. From the records, we gather that the claimant made sincere efforts for securing the presence of the doctor before the Tribunai, but the same could not syrceed_ ^ 't' ^:iE.;i;^;1S'-;^>@.1 '^t. Tribunal ultimately closed the case vide order sheet dated 23.12.2005 and the impugned award was passed on 26.12.2005. The claimant in his evidence before the Tribunal has stated that he sustained fracture of his skull bone in the accident; remained hospitalized in Life Birth Hospital, Raipur for a period of about15 days; he was subjected to surgery in the said hospital. It is a matter of common knowledge that substantial amount is required to be spent on treatment of fractures. 8) The compensation of Rs.14,675/- awarded by the Tribunal when examined in the context of the above 'mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced suitably. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- jnclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.14,675/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. The appeal filed by the appellant/ claimant for enhancement of the compensatlon, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.14,675/- awarded by the Tribunal. f :tfe^:l •~^^^^. '('•>. 11) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 12) No order as to costs. Sd/- ChiefJustice Sd/- Rangnath Ciiandrakar ;e suBbu