rtp HIGH COURT OF CHHATTISGARH AT BILASPUR D1VISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J MiscAppeal (Cl No. 1528 of 2009 AppelSant Claimant Dr Ganesh Khare,s/o Late Shri Durga Narayan Khare, A/o 69 years, r/o 98, Shrishti Colony, Kamla College Marg, Rajnandgaon, Tahsil and district Rajnandgaon (CG) VERSUS Respondents 1 Zora Singh, s/o Guru Dayal Singh, s/o 45 years, r/o Patthatgaon, Behind Shshumandir, Patthalgaon station, Tahsii Patthalgaon, district Jashpur 2 Pritpal Singh s/o Harbansh Singh Bhatia, r/o Pandri, Raipur (CG) 3 The New India Insurance Company through, divisional Manager, DivisionaJ Office, Thhakar Chambers in front of Project Automobiles, GE Road, Power House, Bhilai, District Durg (CG) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri Anumeh Shrivastava, counsel for the appellant. Shri Deepak Gupta, counsel for respondent No.3. ORDER (25tnAugust,2011) MAC.No. 1528 of 2009 ^^ c L The following order of the Court was passed by RajeevGupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Additional Motor Accident Glaims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 29.08.2009, passed in Claim Case No. 16/2009. 2) As against the compensation of Rs.7,98,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 09.03.2007, the Tribunal awarded a total sum of Rs.1,59,027/- as compensation along with interest @ 6% per annum from the date of filing of the ctaim 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, the insurer of the offending vehicle Bus bearing registration No.CG-06 /1521 liable to pay the compensation to the claimant. 4) As the insurer of the above offending vehicle Bus 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.1,29,023/- towards medical expenses; Rs.15,000/- towards pain and suffering; Rs.10,000/- for conveyance; and Rs.5,000/- for special diet and attendant. The Tribunal, thus, -n .A. ^-^^ ^. \..^ MAC.No. 1528 of 2009 ^' <^ c. awarded a total sum of Rs.1,59.023/- 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.1,59,023/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Anumeh Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,59,023/- only, though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disabilityto the extent of 40%. 7) Shri Deepak Gupta, learned counsel for respondent No.3 the New India Insurance Company, the insurer of offending vehicle Bus, on the other hand contended that the compensation of Rs.1,59,023/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Dr Ganesh Khare was aged about 70 years on the date of the accident. He retired from service as Principal of a Government College. The claimant pleaded that he was running a photocopy/computer/typing shop and was earning Rs.5,000/- per month. Before the Tribunal no documentary evidence was produced to establish that the claimant was running any photocopy, computer or typing shop. The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.1,29,023/- and the Tribunal has awarded this entire amount of Rs.1 ,29,023/- towards medical expenses. .^""..^, //"^ l.fe'ga,! I. ^.^y ^. w ^,.^" -^..^s^^ MAC.No. 1528 of 2009 4 9) The sum of Rs.5,000/- awarded by the Tribunal towards special diet and attendant, in our opinion, is certainly on the lower side considering that the claimant, aged about 70years, remained under treatment for a period of about 5 months. 10) !n our considered opinion, further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,59,023/- 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, 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.1,59,023/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company is granted three months' time for deposjting the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No orderas to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge padma