^ i^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIQN BENCH CORAiyl: HON'BLE SHRi RAJEEV GUPTA, CJ. HON'BLE SHRS SUNSL KUMAR SSNHA, J. ADpellant CSaimant •Y Respondents Non-applicants IViisc. Appeal (0 N0.839/2007 Ashok Prlthwani Aged about 26 years S/o Late Premchand Prithvvani R/o Near Singhi Dharmshala, Lakhe Nagar, Teh & D'istt Ralpur (CG) VERSUS 1 Maskoie, Aged about 36 years S/p Rupsingh Maskoie, Vehide Driver, 5th Batalian Police Head Quarters, Raipur 2 Sr SuperSntendent of Poiice Chhattlsgarh PoSice, Poi'tce head Quarters Raipur (CG) MiscelSaneous Appeai under Section 173 of the IVSQtGFVehiciesAct "^ Present : Shri SC Verma, counsel for the appellant. Shri Raghavendra Pradhan, counsel for respondentNo.1. Shri VVS Murthy, Deputy Advocate Geperal with Shri ARhtl Agrawa!, Panei Lavvyer for the State / respondent No.2. ORDER rth (17tn September, 2009) The following order of the Court was passed by Rajeev Gupta, CJ. Shri SG^Verma, learned counsel for the appellant is heard on '. • ' \^ admission. \ s ^ 2 2) Appellant / claimant Ashok Prithwani is seeking enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, Raipur (for short, 'the Tribunal') vide award dated 24.02.2007 passed in Claim Case No. 10/2006. 3) As against the compensation of Rs.6.,50,000/-, claimed by the appellant / ciaimant by flling a claim petition under Section 166 of fhe Motor Vehicles Act for the injuries sustained by him in the motor accident on 08.04.2005, the Tribunal awarded a total sum of Rs.3,09,200/- as compensation along with interest @ 7% per annum from the date of filing of the claim petition tlll the date of actual payment. 4) Shri SC Verma, iearned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.3.09.200/- only, though the appeliant/ciaimant sustained multiple serious injuries including fractures in the motor accident resuiting in permanentdisability to the extent of 40%. 5) From para 20 of the impugned award, we gather that the Tribunal awarded Rs.25,000/- towards medlcal expenses incurred by the claimant and for future treatment; Rs.15,000/- towards pain and suffering; Rs.10,000/- towards special diet; and Rs.2,59,200/- towards toss of future earning capacity. The Tribunal, thus awarded atotai sum of Rs.3,09,200/- as compensation to the daimant aiongwith interest @ 7% per annum from thedate offiling \ of the claim petition till the date of actual payment. „ ~- ^^:-';;•'..„-.. t :i li.i'l ^ 6) Appeilant / claimant Ashok Prithwani was found to have sustained injuries and fractures in the motor accident by the Tribunal resultlng in permanent disability to the extent of 40%, on the evidence of AW/1 Ashok Prithwani (claimant) and AW/2 Dr AK Verma. 7) On due consideration of the submissions of learned counsel for the appeliant and the above mentioned broad features of the case, we are of the opinion that the compensation awarded by the Tribunal does not call for any enhancement in this appeal. 8) As we do not flnd any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant / claimant for enhancement of the compensation is liabie to be dlsmissed and is hereby dismissed summarity. Sd/- Chief Justice padma Sd/- Sunil Kumar Sinha Judge '\