HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc. Appeal (0 No. 15 of2011 Ajay Kumar Shovle, s/o late Shri Bhaskar Rao Shovle, aged about 41 ysars, r/o Qr No.HIG - 76, New Borsi Colony, PS Pulgaon, Tah & Distt Durg (CG) Versus 1 Laxman Singh, s/o Adhik Singh aged about 26 years, r/o Mangal Bazar, Thethwar Para, village Chhawni, Police Station Jamul, Tahsil & District Durg (CG) 2 Mohd Khan S/o Late Sarfaraj Khan, r/o EWS - 2803, MPHB, Industrical Area, Bhilai, Tahsil & District Durg (CG) 3 The New India Insurance Comapany Limited, Registered and Head Office New India Insurance Building 87, Mahatma Gandhi Marg Fort Mumbai 400 001 through Divisional Manager, Divisional Office, Thakkar Chamber GE Road, Power House, Bhilai, Tahsil &District Durg (CG) and BrancJi Manager Branch Office Parak Bhawan, Station Road, Durg, Tahsil & District Durg (CG) 491 001 JVIiscelianeoys Ap^eal under Section 173 of Motor Vehicles Act Present : ShriCR Sahu and Shri CKSahu, counsel forthe appellant. Shri Mahavir Bhatnagar, counsel for respondent No.3. ORDER ith (12mDecember,2011) MACNo.15of2011 c The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the 11 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 28.09.2010, passed in Claim Case No.183/2007. 2) As against the compensation of Rs.13,12,100/-, claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 04.07.2007, the Tribunal awarded a total sum of Rs.75,000/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 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 Truck bearing registration No.CG-07/C-6589 liable to pay the compensation to the daimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above finding reeorded 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.50,000/- towards permanent disability; Rs.15,000/- "Kih A' /f '~i|j ~te> S 'Sf-^ B 6 ''^Sh, S '<!»" ff 3 MACNo.15of2011 towards medical expenses; Rs.5,000/- for pain and suffering; and Rs.5,000/- for damage to the claimant's Motor-cycle. The Tribunal, thus, awarded a total sum of Rs.75,000/- as compensation to the claimant for the injuries sustained by him. in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.75,000/- @ 6% per annum from the date of filing of the claim petitiQn till the date of actual payment. 6) Shri CR Sahu and Shri CK Sahu, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; attendant; conveyance; and special diet and in awarding low compensation of Rs.75,000/- only. 7) Shri Mahavir Bhatnagar, learned counsel for respondent No.3 the United 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.75,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Ajay Kumar Shovle was aged about 41 years on the date of the accident. He was an electrician by occupation. The daimant sustained multiple serious injuries including fracture of his left Tibia bone in the motor accident is borne out from the evidence available on record. The claimant, on account of the fracture of his left Tibia bone, could not have performed his duties as an electrician for a period of two months resulting in monetary loss to him. ^.:f- MACNo.15of2011 ^^-) 9) The Tribunal has certainly erred in not awarding any sum towards loss of income during the period of treatment and under conventional heads of special diet, conveyance and attendant. 10) The compensation of Rs.75,000/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- indusive of interest component on the enhanced amount of compensation would make the compensation of Rs.75,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/daimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.75,000/- awarded by the Tribunal. 13) Respondent No.3 the United India Insurance Company is granted three. months' time for depos'iting the total sum of Rs.15,000/- (Rupees fifteen thousand only) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma