HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, Misc. Appeal (Cl No. 518 of 2010. Applicant Oriainal Claimant Respondents Oriainal non- applicants. Kumari Jaya Gajbhiye, Age-29 yrs., D/o Bansilal Gajbhiye, R/o Quarter No.16, Lavkush Vihar, Choubey Colony, Raipur (C.G.). VERSUS Deepak Kapoor, S/o Late B.H. Kapoor, Balaji Ward, Ravi Nagar, Jagdalpur (C.G.). (Owner : Qualis Car No.CG-17-11- 0227) Rakesh Kumar Jagne, S/o Radheshyam Jagne, Hospital Ward, Kondagaon (Bastar) (Driver: Qualis Car No.CG-17-11- 0227) The Oriental Insurance Company Ltd. Through Branch Manager, Branch Office, Sadar Main Road, Jagdalpur (C.G.). (Insurer : Qualis Car No.CG-17-11- 0227) 4 The Oriental Insurance Company Ltd. Through Senior Divisional Manager, Divisional Offce No.2, llnd Floor, Chawla Complex, Sai Nagar, Devendra Nagar Road, Raipur (C.G.). Memoj)f appeal under Section 173 of Motor Vehicle Act Present: . Shri Goutam Bhaduri and Shri S.S. Rajput, counsel for the appellant. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondents No.3 and 4. ORDER •th (16InSeptember,2011) ..Srt-.- .."•^a-..'.. M.A.CNo.518of 2010 r~] The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Kumari Jaya Gajbhiye is seeking enhancement of the compensation awarded by the 9 Additional MotorAccident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 02.12.2009, passed in Claim Case No. 166/2009. 2) As against the compensation of Rs.7,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 08.01.2007, the Tribunal awarded a total sum of Rs.44,150/- 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 Oriental Insurance Company Limited, the insurer of the offending vehicle Toyota Qualis bearing registration No.C.G.-17-11-0227, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Toyota Qualis has not filed any appeal challenging the above finding recorded 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.25,000/- towards pain and suffering and permanent disability; Rs.15,000/- towards loss in the future r F^" a@S^,: :•:•,- M.A.CNo.518of 2010 earning capacity; Rs.3,000/- for special diet, conveyance and attendant; and Rs.1,150/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs.44,150/- 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.44,150/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Goutam Bhaduri and Shri S.S. Rajput, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.1,150/- towards medical expenses and Rs.3,000/- for special diet; conveyance; and attendant; and in awarding low compensation of Rs.44,150/- only to the claimant. 7) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondents No.3 and 4, the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Toyota Qualis, on the other hand, supported the award and contended that the compensation of Rs.44,150/- awarded by the Tribunal is just and 'proper compensation in the facts and circumstances of the present case. 8)- Claimant Kumari Jaya Gajbhiye was agedabout 29 years on the date of the accident. She was working in a private concern, namely, M/s. J.B. Furnitures, Raipur. The claimant sustained multiple serious injuries including fracture of her right humerus bone in the motor accident is borne out from the evidence avaitable on record. It is a matter of common M.A.CNo.518of 2010 ^ knowledge that substantial amount is required to be spent on the treatment of fractures and the Tribunal certainly has erred in awarding only Rs.1,150/- towards medical expenses. The sum of Rs.3,000/- awarded by the Tribunal towards special diet; conveyance; and attendant is also too low. 9) The compensation of Rs.44,150/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is ceri:ainly on the lower side and deserves to be enhanced suitably. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.44,150/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 11) The appeal filed by the appellanVclaimant for enhancement ofthe compensation is allowed in part. The claimant isawarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.44,150/- awarded bythe Tribunal. 12) Respondents No.3 and 4 the Oriental Insurance Company Limited are granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 13) No order as to costs. ~ Sd/- Chief Justice Sd/- R.N. Chandrakar Judge ^'.•^, ^