..:...:-:^a!:s^5t^^":^~- i":. 4!. II'l'saja ),,JK; "'iit, ,nrC HIGH COURT OF CHHATTISGARH. BILASPUR SINGLE BENCH: HON'BLE SHRI R. L. JHANWAR. J. Misc. Appeal No. 277/2003 u'l'ti.i*•!• APPELLANT CLAIMANT Janak Lal Sahu Versus RESPONDENTS : NON-CLAIMANTS Dhalchand and others. 1'^titir ORDER Post for pronouncement on l^ Julv, 2010 Sd/- R.L. Jhanwar Judge HIGH COURT OF CHHATTISGARH : BILASPUR SINGLE BENCH: HON'BLE SHRI R.L.JHANWAR, J. Misc. Appeal No. 277 of 2003 APPELLANT/ CLAIMANT RESPONDENTS NON-CLAIMANT Janak Lal Sahu, aged about 30 years, S/o Suklal Sahu, .R/o Village Chirachar, Post Bhardakala, P.S. Arjuna, Tahsil Gunderdehi, Distt. Durg (C.G.) VERSUS 1. Dhalchand, aged 37 years, S/o Bihari Sahu, R/o Village Kumhalori, P.S. Lalbag, Tahsil and Distt. Rajnandgaon (C.G.) (Driver) 2. Bihari Sahu, aged about 65 years, S/o Dhaniram Sahu, R/o Kumahalori, Post Surgi, P.S. Lalbag, Tahsil and District Rajnandgaon (C.G.) (Owner of the truck) 3. National Insurance Company Ltd. Through Branch Manager, National Insurance Company Ltd. Kamthi Line, Rajnandgaon, Tahsil & District Rajnandgaon (C.G.) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT Appearance: Shri Anand Shukla, counsel for the appellant. Shri Abhishek Saraf, counsel for respondents No. 1 8s 2. Shri Anand Kumar Gupta, counsel for respondent No.3. ORDER (Passedon p|.07.2010) Not being satisfied by the compensation of Rs.10,000/- awarded uhder Claim Case No. 3/2000 passed by the Motor Accidents Claims Tribunal;--Rajnandgaon (for short 'the Tribunal) vide order dated 03.02.2003, the appellant has filed this appeal 'seeking enhancement of the coinpensatif)n_ainount. sf ^3k \ '! BB>-^_ Vi ?"%a'*!.> ^ ilS^II 2. As against the compensadon of rs.2,45,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act (for short 'the Acf) for muldple injuries sustained by him in the motor accident on 28.10.99, the Tribunal awarded a total sum of Rs.10,000/- as compensation to the claimant along with interest at 9% per annum from the date of filing of claiin petition till the date of actual payment. 3. The Tribunal on a close scrutiny of the entire evidence led before it, held that claimant sustained multiple injuries in the motor accident on 28.10.99; the accident occurred due to rash and negligent driving of the driver of the offending tractor bearing registration No. M.P. 23 G-9983; as the offending tractor on the date of accident was insured with respondent No.3 - National Insurance Conapany Limited, the Insurance Company was liable to pay compensation to the claimant. 4. As .the respondents have not Gled any appeal against the award, the above findings recorded by the Tribunal have now 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 his treatment, awarded Rs.5,000/- for injuries sustained by him and Rs.5000/- towards medical expenses. The Tribunal, thus, awarded a total sum of rs.10,000/- as compensation to the claimant. The Tribunal further directed payinent of interest on the above amount of compensation of Rs.10,000/- @ 9% per annum from the date of filing of the claiin petition till the date of actual payment. 6. Shri Anand Shukla, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards pain and suffering' and loss income which the clairuant suffered during the course of his treatment. 7. Shri Abhishek Saraf, learned courisel for respondents, on the other hand_supported. the iinpugned award. Shri Anand Gupta, 1.rv \ tia- learned counsel for respondent No.3 - Insurance Company also supported the award and contended that the corapensation of Rs.10,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8. Clairaant Janak Lal Sahu was aged about 30 years on the date of the accident. He used to eam his livelihood as paddy cutter. The clairaant remained admitted in the District Hospital, Rajnandgaon from 28.10.99 till 05.11.1999 i.e. more than one week. The claimant filed a medical certificate for physically handicapped and the same was exhibited as Ex.P.26 which shows that the claimant is having 10% disability and it would not be possible for him to attend for his duties as paddy eutter for a period of two months. 9. On due consideration of the submissions of learned counsel for the parties and all the relevant factors including the above mentioned broad features of the case, I am of the opinion that further award of Rs.13,000/- inclusive of interest component on the enhanced amount of compensation would raake the compensation ofRs.10,000/- awarded by the Tribunalasjust and fair compensation in the facts and circumstances of the present case. 10. The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The appellant/clairaant is awarded further sum of rs.13,000/- inclusive of interest component on the enhanced amount of co.mpensation, in addition to the sum of Rs.10,000/- awarded by the Tribunal. 11. Respondent No.3 - Nadonal Insurance Company Limited is ;ranted three months' tiine for depositing the sura of Rs.13,000/- before the concerning Clairas Tribunal. No order as to costs. Sd/. R.L. V Judge