-^<d HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 1193 of 2009 Appellant (Claimant) Arjun Singh Thakur, s/o Mehattar Singh Thakur, aged about 40 years Next friends wife Smt Lila Bai Thakur, w/o Shri Arjun Singh, R/o Vill - Alibara, Tahsil Daundi Lohara Distt Durg (CG) ^: Respondents Driver Owner Insurer VERSUS 1 Laxminath Sahu, s/o Shri Atmaram Sahu about 32 years, r/o Vill Qr No.27 Janta Colony, Lakholoy, Tah & Distt Rajnandgaon (CG) Throuah - M/s Rajnandgaon road lines, Bus Stand, Rajnandgaon (CG) 2A Radhe Lal Yadav, S/o Shri Mohan Lal Yadav, age about 30, r/o Choudhadia para, Rajnandgaon Tah and Distt Rajnandgaon (CG) Throuah - M/s Rajnandgaon road tines, Bus Stand, Rajnandgaon (CG) B M/s Rajnandgaon road lines, Bus Stand, Rajnandgaon (CG) Throuah - Manager, Radhe Lal Yadav, S/o Shri Mohan Lal Yadav, age about 30, R/o Choudhadi Para, Rajnandgaon, Tah and Distt Rajnandgaon (CG) 3 The Oriental Insurance Co. Ltd., Registered and head office - Ashif Ali Road, New Delhi, 110002 Throuah Branch Manager, Branch ^ i 1 I '!m^a% 1 ^' ..i '^p^ M.A.(C)No.1193 of 2009 dE) Office Kamthi Line Rajnandgaon & Divisional Office Malviya Nagar, Durg Tah & Distt Durg (CG) 4 Kaliram Rathor age about 40 years, s/o Late Siyaram Rathor, R/o Village - Acholi, Tah Dondhilohara, Distt Durg (CG) Present Address - Qr No.E/2-D, Type, Nirmal Sector, Dalirajhara, Tah Balod, Distt Durg (CG) (Owner of the) Motor Cycle Baj'aj No.CG 07/LA/6746 Memo of appeal under Section 173 of Motor Vehicle Act Present: Shri CR Sahu and Shri CK Sahu, counsel for the appellant Shri SP Sahu,counsel on behalf of Shri KN Chaturvedi, counsel for respondent No.3. ORDER >th (18mAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Arjun Singh Thakur is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod (for short 'the Tribunal') vide award dated 23.01.2009, passed in Claim Case No.03/2008. 2) As against the compensation of Rs.13,52,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 20.09.2007, the Tribunal awarded a total sum of Rs.1,25,867/- as compensation along with interest @ 6% per ..^^ ^•-i.'^"^ M.A.(C)No.1193 of 2009 -^ annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on 9 close scrutiny of the entire evidence led before it held that claimant Arjun Singh Thakur sustained multiple serious injuries including fractures of his left femur, tibia, fibula and patella bones in the motor accident on 20.09.2007; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Minibus bearing registration No.CG- 08ZA/0164; as the above offending vehicle Minibus on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed 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 spent on treatment, awarded Rs.81,867/- towards medical expenses; Rs.15,000/- towards loss of income during the period of treatment; Rs.8,000/- towards loss in the future earning capacity; Rs.8,000/- for pain and suffering; Rs.6,000/- for conveyance; Rs.4,000/- for special diet; and Rs.3,000/- for attendant. The Tribunal, thus, awarded a total sum of Rs.1,25,867/- as compensation to the claimant for the injuries sustained by him in M.A.(C)No.1193 of 2009 r-'r"^"' the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,25,867/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri C.R. Sahu and Shri C.K. Sahu, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,25,867/- only though the claimant suffered multiple fractures of his left femur, tibia, fibula and patella bones in the motor accident and spent substantial amount on treatment. 7) Shri S.P. Sahu, learned counsel appearing on behalf of Shri K.N. Chaturvedi, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Minibus, on the other hand, supported the award and contended that the compensation of Rs.1,25,867/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Arjun Singh Thakur was aged about 40 years on the date of the accident. He was a Mason by occupation. The claimant sustained fractures of his left femur, tibia, fibula and patella bones in the motor accident is established from the evidence of AW2 Dr. Akhilesh Yadav. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being a Mason, could not have performed his duties as Mason, for a period of about six months on account of the fractures of his left femur, tibia, fibula and patella bones and must have suffered monitory loss. The M.A.(C)No.1193 of 2009 <p Tribunal has awarded only Rs.15,000/- towards loss of income during the period of treatment, which in our opinion is on the lower side. 9) The compensation of Rs. 1,25,8677- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and the fact that the claimant suffered fractures of his femur, tibia, fibula and patella bones in the motor accident, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the Qpinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,25,867/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,25,867/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is 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 Jusdce Sd/- R.N. Chandrakar Judge 9i^