s^wfyj&^ 8> HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc Appeal (0 No.1215 of 2009 Umesh Dewangan, s/o Latelram Dewangan, aged about 35years, r/o village Sursabandha, Rajim, District - Raipur (CG) Presently residing at Sidharth Chowk, Pachpedi Naka Raipur VERSUS 1 Bashir Ahmad, s/o Shri Idrish Ahmad, r/o Sanjay Nagar, Bafra Market, Sanjay Nagar, Raipur (CG) 2 Shri Fam Khan, s/o Shri Shamim Khan, r/o Kalibadi, Raipur (CG) 3 The New India Insurance Co Ltd., Baard Office, 1, Katuchary Chowk, Raipur CG Miscellaneous Appeal underSection 173 of h/lotor Vehicles Act Present : Shri Samir Uraon, counsel for the appellant. Shri AK Athaley and Shri Deepak Gupta, counsel for respondent No.3. ORDER >th (28t"September,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Umesh Dewangan is seeking enhancement of the compensation awarded by the First Additional a*-«wwyyffi>is(*(t'i';.-i;' /f"1 :*s«Sh . V:^'3S^ 1 ^y MACNo.1215 of 2009 Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 01.10.2010, passed in Claim Case No.146/2009. 2) As against the compensation of Rs.14,25,000/-, 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 03.08.2007, the Tribunal awarded a total sum of Rs.1,26,334/- 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 New India Insurance Company Limited, the insurer of the offending vehicle Minibus bearing registration No.CG 04 E 0492 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Minibus 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.60,334/- towards medical expenses; Rs.35,000/- for loss of future earning capacity on account of permanent disability; Rs.10,000/- for pain and suffering; Rs.9,000/- for loss of income during the period of treatment; Rs.7,000/- for future medical expenses; Rs.2,000/- forspecial diet; Rs.2,000/- for attendant; and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.1,26.334/- as compensation to the claimant for the ^ ~ . , " ^ MACNo.1215of2009 fv injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,26.334/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Samir Uraon, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sums of Rs.1,000/-, Rs.2,000/- and Rs.2,000/- towards conveyance, special diet and attendant and in awarding low compensation of Rs.1,26,334/-only. 7) Shri AK Athaley and Shri Deepak Gupta, learned counsel for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Minibus on the other hand supported the award and contended that the compensation of Rs.1,26.334/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Umesh Dewangan was aged about 35 years on the date of the accident. He was a Contractor and also had agricultural land in the village. The claimant sustained multiple serious injuries including fractures in his right leg in the motor accident is borne out from the evidenceavailable on record. It is a matter of common knowledge that substantial amount is required to be spent ojz-the treatment of fractures. The claimant, on account of the fractures in his right leg, could not have performed his duties as Contractor and also as Cultivator for a period of 3-4 months resulting in monitory loss to him. >c MACNo.1215of2009 9) The sums of Rs.1,000/-, Rs.2,000/-, Rs.2,000/- and Rs.9,000/- awarded by the Tribunal towards conveyance, special diet, attendant and loss of income during the period of treatment are certainly on the lower side. 10) The compensation of Rs.1,26.334/- 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 to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,26,334/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) 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.25,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,26,334/- awarded by the Tribunal. 13) Respondent No.3 the New India Insurance Company is granted three months' time for depositing the total sym of Rs.25,000/- before the concernitig Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- Rangaath Chandrakar Judge padma