.^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Respondents Misc. Appeal (0 No. 987 of2009 Chandrasekhar Yadav, aged about 19 years, s/o Shiv Pujan Yadav, r/o. Central Highway Corporation, G.E. Road, Thana, Telibandha, Raipur, tah. & distt. Raipur C.G. VERSUS 1. Smt. Shila Yadav, w/o Deepchand Yadav r/o Central Highway Corporation, G.E. Road, behind Minocha Petrol Pump, Thana Telibandha, Raipur, Tah & distt. Raipur C.G. (Owner of vehicle truck no. C.G. 04- J-0845) 2. The New India Insurance Company Ltd. through Divisional Manager, Div. Office No.2, Jeevan Bema Marg, Pandri, Raipur, Tah. & Distt. Raipur C.G. (Insurer of vehicle truck no. C.G. 04- J-0845) Appeal under Section 173 ofthe Motor Vehicle Act Present: Shri S.K. Guha, counsel for the appellant. Shri Shivendu Pandya and Shri G.V.K. Rao, counsel for respondent No.2. ORDER ^th (20T"July,2011) The following order of the Court was passed by Rajeev Gupta, C.J. i^r~ /'.s-^ "5^. """^" ...-<?; •^^^%^^" Appellant/ claimant Chandrasekhar Yadav is seeking enhancement ofthe compensation awarded by the 12th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 15.04.2009, passed in Claim Case No.33/2007. 2) As against the compensation of Rs.13,50,000/- claimed by the appellant/claimant, by filing a claim petition under Section 163-A of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 14.12.2006, the Tribunal awarded a total sum of Rs.62,547/- as compensation along with interest @ 7.5% per annum from the date of filing of the claim petition till the date ofactual payment. 3) The Tribunal on a closescrutiny of the entire evidence led before it held the New India Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.-OS J-0845 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Truck 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.26,947/- towards medical expenses; Rs.30,600 towards loss offuture earning capacity; and Rs.5,000/- for pain and suffering. The Tribunal, thus, awarded a total sum of Rs.62,547/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further r:^^'' p. ^ directed payment of interest on the above amount of compensation of Rs.62,547/- @ 7.5% per annum from the date of filing ofthe claimpetition till the date ofactual payment. 6) Shri S.K. Guha, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.62,5477- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident, resulting in permanent disability to the extent of 10%. 7) Shri Shivendu Pandya and Shri G.V.K. Rao, learned counsel for respondent No.2, the New India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.62,547/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Chandrasekhar Yadav was aged about 19 years on the date of the accident. At the relevant time, he was working as Cleaner on the ill-fated Truck. The claimant sustained multiple serious injuries including fractures in the motor accident is established from the evidence of AW-1 Dr. Anil Kumar Verma. 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 could not have performed his duties as CIeaner for a period of 2 - 3 months resulting in monitory loss to him. 9) The compensation of Rs.62,547/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat 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. 10,0007- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.62,547/- 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 in part. The claimant is awarded further sum of Rs. 10,0007- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.62,547/- awarded by the Tribunal. 12) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,0007- before the concerning Claims Tribunal. 13) No order as to costs. _— Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu