^ <r HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT RESPONDENTS M.A.fClNo. 217 of 2008 Daulatram Verma, S/o Late Kedar Prasad Verma, Aged about 22 yrs. Vill-Chherkadih (Sandi) Thana & Tah. ~ Palari, Distt. - Raipur (C.G.) Versys 1. Rajendra Kewat, S/o Budga Kewat, aged about 33 yrs., R/o Village - Chharchhed, Tah. - Kasdot, Distt. - Raipur (C.G.) .......(Driver) 2. Virendra Kumar Sahu, S/o Vishram Sahu, aged about 26 yrs., R/o Lavan, Thana & Tah. - Kasdol, Distt. - Raipur (C.G.) .....(Owner) 3. National Insurance Co. Ltd., Branch Office -1st Floor, Naveen Bazar, Phool Chowk, Raipur ....Insurance Company MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Present: Shri S.K. Guha, learned counsel for the appellant. ORDER (27mFebruary,2009) The foliowing order of the Court was passed by Rajeev Gupta, C.J.: Shri S.K. Guha, learned counsel for the appellant is heard on admission. 2) Appellant - Daulatram Verma is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Baloda Bazar, Raipur (for short the Tribunal') vide award dated 27.11.2007, passed in Claim Case No.248/2006. 3) As against the compensation of Rs.4,66,982/- claimed by appellant/claimant -Daulatram Verma by ftling a claim petition under Section 166 of the Motor Vehides Act, for the injuries sustained by him in the motor accident on 29:04.2006, the Tribunal awarded a total sum of Rs.42,000/-as compensation to the daimants along with interest @ 7% per annum from the date of fijing of the claim petition till the date of actuat payment. 4) Shri S.K. Guha, learned counsel for the appellant vehemently argued that the compensation of Rs.42,000/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries sustained by the appellant/claimant in the motoraccident. 5) The Trlbunal on a close scrutiny of the evidence led before it about the injuries sustained by the appellant and the amount said to have been spent on the treatment awarded Rs.25,000/- towards pain and suffering; Rs.10,000/- towards medical expenses; Rs.3,000/- towards future treatment; Rs.2,000/- towards conveyance and Rs.2,000/- towards special diet. The Tribunal, thus, awarded a total sum of Rs.42,000/- as compensation to the claimant. 6y For the reasons best known to the appellant/ciaimant, no doctor was examined before the Tribunal to establish the nature of the injuries said to have been sustained by the appellant/claimant in the motor accident and the fact that those injuries resulted in any permanent disability. 7) In this state of evidence, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 8) The appeal filed by the appellant/cjaimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. j Sd/- Chief Justice Sd/- SunilKumarSinha Judge subbu