G./:./-57 INTHE HIGH COURT OF CHHATTISGARH AT BILASPUR M. A.(C) No.^ OF 2009 ivisisi B3?ii APPELLANT Ashok Kum.ar Saluja, S/o. late Shri Ramdas Saluja, aged about f.. • \ 'ft- ^.ASS \Vy Respondent No.t Non-AppliceintNo. 1 ciamant^^(ol^-"'A(»<^ 45 yearS, R/o. Mohalla "•^. r'*V~^' Dayalband Nariyal Kothi, Bilaspur, Tahsil and Disti-ict Bilaspur (C.G.) Versus :1) Dhaniram Dhruv, S/o. Shri Sadhuram Dhruv, Resident of Near Manish Rice Mill, Khamtarai Road, Sarkanda, Bilaspur, Tahsil and District Bilaspur(C.G-) :2) Radheshyam. Awasthi, S/o. Harprasad Awasdhi, Resident of Chantidih Naka, Sarkanda, Bilaspur, Tahsil and District Bilaspur (C.G.) National Insurance Co. Ltd., Vyapar Vihar, Bilaspur, Tahsil and District Bilaspur (C.G.) Respondent No.2 Non-ApplicEint No.2 Respondent No.3 Non-Applicant No.3 MISCELLANEOUS CIVIL APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 Claim before Tribunal - Rs.9,56,000/- •-- Claims Tribunal awarded Rs.34.080/- „ Claim in appeal Valued at Rs.9, 21.920/- Being aggrieved by the Judghient and award ^"'•' dated 27/11/2008 passed by Shri Sanman Singh, Member, Motor Accident Claims Tribunal and District Judge, Bilaspur, in Motor Accident Claim Case No.67/2008 in the case of Ashok Kumar Saluja Versus Dhaniram Dhruv and 2 others (^ ^^-^ %3 ^ Yj^ HIGH COURT OF CHHATTISGARH AT BILASPUR DiyjSlON^iENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI T.P. SHARMA, J. M.A.fClNo. 214 of 2009 APPELLANT/ Applicant Claimant Ashok Kumar Saluja, S/o. late Shri Ramdas Saluja, aged about 45 years, R/o. Mohalla Dayalband Nariyal Kothi, Bilaspur, Tahsil and District Bilaspur (C.G.) VERSUS RESPONDENT No.1 Non-Applicant No.1 Respondent No.2 Non-Applicant No.2 Respondent No.3 Non-ApDlicant No. 3 Dhaniram Dhruv, S/o. Shri Sadhuram Dhruv, Resident of Near Manish Rice Mlll, Khamtarai Road, Sarkana, Bilaspur, Tahsll and District Bilaspur (C.G.) Radheshyam Awasthi, S/o. Harprasad Awasthi, Resictent of Chantidih Naka, Sarkanda, Bllaspur, Tahsil and District Bilaspur (C.G.) National Insurance Co. Ltd., \i^apar Vihar, Bilaspur, Tahsil aml District Bilaspur (C.G.) MISCELLANEOUS CIVIL APPEAL U/S 173 OF MOTOR VEHICLEACT.1988 Present: Shri Rajesh Kumar Sharma, teamed counsel for the appellant. ORDER ith (20'" February, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: Shri Rajesh Kumar Sharma, learned counsel for the appellant is heard on admission. 2) Appetlant - Ashok Kumar Saluja is seeking enhancement of the oompensation awarded by the Motor Accident Claims J " -^:^':^'^, ^.^^.,.. ... -.^ f Sl :~as3ft Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 27.11.2008, passed in Claim Case No.67/2008. 3) As against the compensation of Rs.9,%,000/- clatmed by appellant/claimant Ashok Kumar Saluja, by filing a claim p^ition under Section 166 of the Motor Vehicles Act, the Trlbunal awarded a total sum of Rs.34,080/- as compensation to the claimant along with interest @ 6% per annum from the date of filing of the clalm petition, till the date of actual payment. 4) Shri Rajesh Kumar Sharma, leamed counsel for the appellant vehemently argued that the Tribunat has erred in awarding low compensation of Rs.34,080/- only, thougt) the appellant/ctaimant sustained multiple serious injuries In the motor accident. 5) The Tribunal awarded Rs.26,073/- towards medlcal expenses; Rs.5,000/- for pain and suffering; and Rs.3,000/- towards loss of income. The Tribunal, thus, assessed the compensation at Rs.34,073/- which was rounded off to Rs.34,080/-. 6) For the reasons best known to the appetlant/claimant, no doctprwas examined before the Tribunal to establish the nature of the injuries sustained by the appellanVctaimant in the motor accident and the fact that those injuries resulted inany permanent disability. 7) In this state of evidence, we do not fmd any scope for enhancement ofthe compensation awarded by the Tribunal. 8) The appeat filed by the appellant/claimant for enhancemerrt of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Ch'efJusfice suti.by Sd/- T.P. Sharma Judge p^-,,