HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (C) No. 908 of 2007 Appellant : Smt. N. Kunwar @ Hem Kuriwar w/o Claimant lchha Ram Sahu, aged about 48 years, r/o village Kondkera, police station Rajim, Raipur, district Raipur C.G. VERSUS Respondents Non-claimants 1. 2. 3. 4. 5. Suresh Kumar Sahu, s/o Sheshnarayan Sahu, r/o Dindayal Upadhyaya Nagar, Nayapara Rajim, district Raipur C.G. (Driver of vehicle minibus bearing registration No.C.G.04/E-4100) Santosh Gandhi s/o Arjun Gandhi r/o Bus Stand Abhanpur, district Raipur C.G. (Owner of vehicle minibus bearing registration No.C.G.04/E-4100) The Oriental Insurance Comp^ny Limited, through Divisional Manager, Divisional Office, Madina Building, Jail Road Raipur, district Raipur C.G. (Insurer of vehicle minibus bearing registration No.C.G.04/E-4100) Hari Ram Sahu s/o Rikhi Ram Sahu r/o 243/3, Kachna Road Raipur, district Raipur C.G. (Owner of vehicle bearing registration 0816) Tata Spacio NO.C.G.04/T- The New India Insurance CompM.ny Limited, through Divisional Manager, Divisional Office, R.D.A. Building, Bajrang Market, Raipur, district \ Raipur C.G. \(lnsurer of vehicle Tata Spacio \s^ M.A.C. No. 908 of 2007 ^ bearing registration No.C.G.04/T- 0816) Misc. Appeal under Section 173 ofthe MotorVehicle Act. Present: Shri Tarun Dadsena, counsel for theappellant. Shri Uttam Pandey, counsel forrespondents No.1 & 2. Shri Ashish Beck, counsel on behalf of Shri Prashant Jayaswal, Senior Counsel for respondent No.3. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.5. ORDER ith (24mAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Smt. N. Kunwar @ Hem Kunwar is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Gariyaband, district Raipur (for short 'the Tribunal') vide award dated 17.01.2007, passed in Claim Case No.68/2006. 2) As against the compensation of Rs.8,00,000/- claimed by the appellanVclaimant by filing a claim petition under Section 1^6 of the Motor Vehicles Act for the injuries sustained by her in the motor accident on 24.12.2005, the Tribunal awarded a total sum of Rs.24,939/- 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 Minibus bearing registration No.C.G.04- E/4100, liable to pay compensation to the claimant. ,.s^^ .//':i ^ '%.. £ 'i11^' 1 1 %...J/ ^ M.A.C. No. 908 of 2007 4) As the insurer of the aboveoffending vehicle Minibus has not filed any appeal against 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.11,939/- towards medical expenses; Rs.10,000/- for pain and suffering; Rs.2,000/- for special diet; and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.24,939/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.24,939/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Tarun Dadsena, 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; and in awarding low compensation of Rs.24,939/- only. 7) Shri Ashish Beck, learned counsel appearing on behalf of Shri Prashant Jayaswal, learned Senior 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.24,939/- awarded by the Tribunal is just and proper compensation in the fqpts and circumstances of the present case. 8) Shri Uttam Pandey, learned counsel for respondentNo.1 ..«^ ^y^. M.A.C. No. 908 of 2007 Suresh Kumar Sahu and respondent No.2 Santosh Gandhi, the driver and owner of the offending vehicle Minibus and Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for respondent No.5 the New India Insurance Company Limited, the insurer of the other vehicle Tata Spacio in which the claimant was travelling also supported the award. 9) Claimant Smt. N. Kunwar @ Hem Kunwar was aged about 48 years on the date of the accident. She was a labour by occupation. The claimant sustained multiple serious injuries in the motor accident is established from the evidence of AW-3 Dr. S.P. Prajapati. It is true that the claimant did not suffer any fracture in the motor accident. The claimant in fact sustained serious injuries on her abdominal region and was subjected to operation in the hospital. The claimant being a labour, on account of the injuries on her abdominal region could not have performed her duties as labour for a period of about 3-4 months, resulting in monitory loss to her. The Tribunal apparently has fallen into error in not awarding any sum towards loss of income during the period of treatment. 10) The compensation of Rs.24,939/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that'further award of Rs.11,000/- inclusive of^interest component on the enhanced amount of compensation would make the compensation of Rs.24,939/- awarded by the Tribunal as just rt M.A.C. No. 908 of 2007 nimmi and proper compensation in the facts and circumstances of the present case. 12) 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.11,OOQ/- inclusive of interest component on the enhanced amount of compensation in addition tp the sum of Rs.24,939/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 14) No order as to costs. — Sd/- Qiief Justice Sd/- N.K. Agarwal Judge \( j. '• :..:-^...i ^