,.^^^^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH ^) CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal (0 No. 488 of 2008 APPELLANT CLAIMANT Smt. Sharda Singh, W/o Dhanesh Kumar Singh, aged about 33 years, R/o Manikpur, Korba, District - Korba (C.G.) Versus Rajendra Kumar Singh S/o Non- Gajadhar Singh, aged about 37 years, R/o Near Quarter No.C.H.144 R.K. General Stores, Manikpur, Korba, District Korba (C.G.) Natlonal Insurance Company Limited, through Branch Manager, Korba, District - Korba (C.G.) Appeal Under Section 173 of the Motor Vehicles Act RESPONDENTS NON-CLAIMANTS Present: Shri Sunii Sahu, learned counsel for the appellant. ORDER (11th April, 2008) The following order of the Court was passed by Rajeev Gupta, CJ. Shri Sunil Sahu, learned counsel for the appellant is heard on admission. 2. ' Appellant ~ Smt. Sharda Singh, is seeking enhancement of the compensation awarded by the Second Additional Motor ^N^B^' Accident Claims Tribunal, (F.T.C.) Korba, (for short "the Tribunal), vide award dated 31-12-2007, passed in Claim Case No. 145/2006. 3. As against the compensation of Rs.53,30,000/- claimed by clajmant - Smt. Sharda Singh by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by her in the motor accident on 04-12-2006 when the Marutl Van bearing Registration No. CG-04/B2268 in which she was travelling met with an accident, the Tribunal awarded a sum of Rs.2,25,000/- along with interest @9% per annum as compensation to the claimant. 4. Shri Sunil Sahu, learned counsel for the appellant vehemently argued that the compensation of Rs.2,25,000/- awarded by the Tribunal is too low in comparison to theserious injuries and fractures sustained by the appellant in the motor accident. 5. Clajmant - Smt. Sharda Singh pleaded that she used to earn Rs.200/- per day by stitching clothes. Though the claimant pleaded that the injuries and fractures sustalned by her in the motor accident resulted in permanent disability to the extent of 18%, for the reasons best known to the claimant, no doctor was examined before the Tribunal to establish the permanent disability to the above extent. The Tribunal inspite of the above, has been qu'rte liberal in awarding a sum of Rs.1,10,160/- towards the loss of future earning capacity on account of the said ^Mt^':;^'^:i 't. J11 ^M, permanent disability to the extent of 18%. The Tribunal further awarded a sum of Rs.92,463/- towards medical expenses; Rs.10,000/- towards pain and suffering; and Rs.4,840/- towards conveyance. The Tribunal, thus awarded a totat sum of Rs.2,25,000/- as compensation to the daimant for the injuries sustained by her in the motor accident. The Tribunal has been further liberal in awarding interest at the higher rate of 9% on the above amount of compensation of Rs.2,25,000/-. 6. On due consideration of the submissions of learned counsel for the appellant; the findings recorded by the Tribunal in the impugned award; the number and nature of the injuries proved to have been suffered by the appellant/ctalmant in the motor accident, we do not find any ground for enhancement of the compensation awarded by the Tribunal. 7. The appeal filed by the appellant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. „_ Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu