<2& HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Non-daimants Misc. Appeal (C) No. 1286 of 2007 Daselal s/o Ghurraha Satnami aged 30 yrs. r/o. village Thakurdeva, post Okhar, via-Malhar, tah. Masturi, district Bilaspur C.G. VERSUS 1. Arsad Khan s/o Hanif Khan(Driver r/o Beharapara, Tifra P.S. Civil Line, Tah. & District Bilaspur C.G. 2. Akbar Khan s/o Hanif Khan (vehicle Owner) r/o. Beharapara, Tifra P.S. Civil Line, Tah. & district Bilaspur C.G. 3. Branch Manager, The New India Insurance Company Bilaspur C.G. Appeal underSection 173 ofthe Motor Vehicles Act Present: Shri Akhtar Hussain, counsel for the appellant. Shri Dashrath Gupta, counsel for respondent No.3. ORDER ith (14InSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. AppellanV claimant Daselal is seeking enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated ^^ """^ 1 \;"^/ M.A.C. No.1286of 2007 20.09.2007, passed in Claim Case No.52/2007. 2) As against the compensation of Rs.11,95,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.02.2006, the Tribunal awarded a total sum of Rs.1,04,000/- as compensation along with interest @ 7% per annum in the event of the insurer's failure to deposit the amount of compensation within two months of the passing of the award. 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 Tempo bearing registration No.C.G.-10/ZA- 0913, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Tempo has not filed any appeal challenging the above finding recorded by the Tribunal, the same has now attained finality. 5) The Tribunal considering the number and nature ofthe injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have spent on treatment, awarded Rs.75,000/- towards loss in the future earning capacity on account of the permanent disability to the extent of 25% suffered by the claimant on account of the injuries 'sustained by him in the motor accident; Rs.9,000/- towards loss of income during the period of treatment; Rs.5,000/- for pain and suffedng; Rs.5,000/- towards medical expenses; Rs.5,000/- for special diet; and Rs.5,000/- for attendant. The Tribunal, thus, awarded a total sum of Rs.1,04,000/- as compensation to the claimant for the injuriessustained by him in •imw r^ '•i'SSss& M.A.C. No. 1286 of 2007 the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,04,000/- @ 7% per annum in the event of the insurer's failure to deposit the amount of compensation within two months of the passing of the award. 6) Shri Akhtar Hussain, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.9,000/- only towards loss of income during the period of treatment though the claimant could not resume his duties as labour for a period of about six months and as such suffered loss of about Rs.20,000/-. 7) Shri Dashrath Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of the offending vehicle Tempo, on the other hand, supported the award and contended that the compensation of Rs.1,04,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Daselal was aged about 30 years on the date of the accident. He was a labour by occupation. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. 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 for a period of about 6 months and as such, suffered monitory loss, which according to the claimant was to the extent of Rs.20,000/-. 9) In our opinion, sum of Rs.9,000/- awarded by the Tribunal \ xi-r M.A.C. No. 1286 of 2007 towards loss of income during the period of treatment is certainly on the lower side and requires reconsideration. 10) The compensation of Rs.1,04,000/- 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. 11) Considering all the relevant aspectsof the matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,04,000/- awarded by the Tribunal asjust 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.11.000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,04,000/- awarded by the Tribunal. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 14) No order as to costs. ' Sd/- Chief Justice Sd/- N.K. Agarwal Judge subbu