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. 122 of 2009 Applicant Non-apDlicants Raghuvir Singh Bhatia, s/o Sardar Trilochan Singh Bhatia, aged about 46 years, r/o. Anpam Nagar, Tah. & distt. Rajnandgaon C.G. VERSUS Nilesh Kumar @ Rajju Dewangan s/o Shri P.L. Dewangan aged about 46 years, r/o B.S. Complex, Manav MandirChowk, RajnandgaonC.G. National Insurance Co. Limited through Branch Manager, National Insurance Co. Limited Branch : Kamptee Line, Rajnandgaon C.G. Memo of appeal under Section 173 of IVIotor Vehicle Act Present: Shri V.K. Sharma, counsel for the appellant. Shri B.N. Nande, counsel for respondent No.2. ORDER -th (15tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. AppellanV claimant Raghuvir Singh Bhatia is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 19.11.2007, passed in Claim Case No.72/2007. Nlffl'1 .^s-^ ^^ '•%» %^^^ M:A.C.No.122of2009 2) As against the compensation of Rs.7,87,000/- 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 10.06.2002, the Tribunal awarded a total sum of Rs.1,64,000/- as compensation to the claimant. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the National Insurance Company Limited, the insurer of the offending Hero Honda Motorcycle bearing registration No.C.G.-08-D/1619, liable to pay compensation to the claimant. 4) As the insurer of the above offending Hero Honda Motorcycle 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 lump-sum of Rs.1,64,000/- to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,64,000/- @ 6% per annum from 03.09.2005 to the date of actual payment. 6) Shri V.K. Sharma, 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; pain and suffering; special diet; conveyance; and attendant; and in awarding low compensation of Rs.1,64,000/- only to the claimant. -'^MM^ I ^^^^^ iJ MAC.No. 122 of 2009 7) Shri B.N. Nande, learned counsel for respondent No.2, the National Insurance Company Limited, the insurer of the offending Hero Honda Motorcycle, on the other hand, contended that the compensation of Rs.1,64,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Raghuvir Singh Bhatia was aged about 41 years on the date of the accident. He was Cable Operator in Rajnandgaon district headquarters. The claimant sustained multiple serious injuries including fractures in. the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on account of the fractures sustained by him in the motor accident could not have properly looked after his business as Cable Operator and must have suffered monitory loss. 9) The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment; pain and suffering; special diet; conveyance and attendant. 10) From paras 24 and 25 of the impugned award, we gather that the Tribunal, in fact, has taken into consideration the amount of Rs. 1,63,7547- which was proved to have been spent by the claimant on his treatment between 2002 -2007. 11) . The compensation of Rs.1,64,000/- awarded by the Tribunal when examined in the context of the above mentioned MAC.No. 122 of 2009 broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.40,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,64,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appellant/claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.40,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs. 1,64,0007- awarded by the Tribunal. 14) Respondent No.2 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.40,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu