HIGH COURT OF GHHATTISGARH AT BILASPUR I DwusmN BENcH CORAM: HON’BLE SHRI-RAJEEV GUPTA, OJ. & * HON’BLE SHRI RANGNATH CHANDRAKAR, J. Misc.W. 432 of 2006 Lakhan Lal aged about 48 years slo Shri Panch Ram Sahu‘ rlo vvIIL'y Khuteri, Tah. & Dist. Rajnandgaon C.G. " ' ‘ VERSUS Menant ‘ Claimant. Ahdul Rajjak aged about ‘55 years, ,, slo 8hr; Abdul Zabbar Rlo'Apapur; P.S. Ding, dist. Durg C.G. 1. B§§P°I1Q§£ts Non-applicants L (Driver&v0wneru)w ~v ( 2. Tha Oiientm Insumme Company Ltd.,. througa ' Bramh' .iManag'ér', v ,‘ Branch Office, Kamptee‘ Line, ~ .Rajnandgaon. ' ;. " insurer) ‘ msc. APPEAL UNDER sacnon 113 dF'THEMOTon 4 .VEmcLes AcT ‘ ms ‘ ShrlAnand‘Shukia, counselforthe appenant. c r Shri Sudhit Agrawal and Shri P; Dutta, ,couns‘al tor hresponvdent No.2. _ ¥ :rPresent‘; omen g V (1" Match. 2011)” The following ordgr of the Court was passed by Rajeev Gupta, c4. Appellantl claimant Lakhan La! is seeking enhéncemant of the compensation awarded; by the Segond Additiona! Motor Accident Claims Tribunak Rajnandgaqn (for shqrt ‘the TVibunat’) _ ide award dated 28.1 1 .2005, passed in Claim Case No.63/2005-m " v 2) As against the compensation of Rs.6,63,000l- claimed by the appeuant/ ciaimant by filing a ciaim petition under section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 24.01 .2004, the Tribunai awarded a total sum of Rs.1 ,51,200/— as compensation along with interest Q 6% per ~ annum from the date of fiiing of the claim petition tili the date of ‘ actual payment.‘ . 3) 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.50,0001— towards non-pecuniary damages on account of the permanent disability; Rs.43,200/- towards loss in the future eaming capacity ~on account of the permanent «disability; Rs;3D,OOO/- towards medial expenses, epecialdiet and conveyance; Rs.25,000/- for pain and suffering: and Rs.3,-GGO/~ > towards loss of income during/the period of treatment.“ ’The Tribunal, thus, awarded a total sum of Rs.1,51,200f— as compensation to the claimant for the injuries sustained byhim in the motor accident. 4) Shri Anand shukia, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs;1,51,2001- only though the appeiiantf - claimantsustained multipleserious injuries inciuding fractures in the motor accident resulting in permanent disability to the extent of 30%. :5) V Shri Sudhir Agrawa! and Shri P. Dutta, leamed oounsei for > respondent No.2, the Oriental Insurance 9ompany Limited, on - the‘other hand contended that the Tribunal has been‘quite liberat’, In awarding substantual amount of Rs 1 51 200l- as compensation ’ to the claimant r 6‘). ‘ln a motor accident claim ease, what is important ia that, the compensation to be awarded by the Courts/Tribunals should 7- ~ be jest and proper compensation in the iacts’and circumstances ‘ of the cases lt should neither be a meager amount of compensation nora Bonanza 7) Now we shall examine as to whether the compensation of Rs.1,51,200/— awarded. by ‘the- Trlbunal ts: justand proper Loompensation' in the factsand circumstances of the present case ~ 8) r Claimant Lakhan Lal was aged about 43 years on the date; “of the accident He was vegetable seller by occupation The bills c and vouchers produced before the Tribunal towards medical ' r expenses were to the extent of Rs 24 000l- 9) s The compensation of Re‘l 51 200/ awarded by the ~ Tribunal when examined in the context of the above mentioned 5 broad features of the case, we“ are satisfied, does not call for any t enhancement inthis appeal. y 10) We, therefore, do not find any scope for enhancement of the compensation awarded by theyTrlbunal. 1_1) The appeal filed by the appellant/ claimant for enhancement of the compensation. tnerefore! is liable £0 be » dismissed and is hereby dismiseed. ¥ 12) « No order as to costs. > // / CInefJustiCe - Sd/‘ . ‘, Sd/' kar ‘x Rangnath Chamira x Judge