..,,,,.^ 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. 790 of 2009. Appellant Claimant Bhek Ram Sahu, S/o Hemnath Sahu, aged about 20 years, Occupation Student, R/o Village Sirgidi, post Pacheda, Police Station, Tahsil & District Mahasamund (C.G.). VERSUS ^^ Respondents 1. Mohammad Rizwan, S/o Asgar Ali, Non-claimants. aged about 25 years, Occupation Driver, R/o Mudaipur, Police Station Mandata, District Pratapgarh (U.P) Present R/o Nagpur M.M. Fred Carrier, Kamti, District Nagpur (Maharastra) (Driver of Vehicle Truck bearing registration No.CG-04J/8286). 2. Hayatuddin Khan, S/o (Not mentioned), aged about 50 years, R/o Maharastra Roadways, Tatibandh, G.E. Road, Raipur, District Raipur (C.G.). (Owner of vehicle Truck bearing registration No. CG-04J/8286). 3. The United Insurance Company Limited, through Divisional Manager, Divisional Office, Kutchery- Chowk, Jail Road, Raipur, District Raipur, (C.G.). (Insurer of vehicle Truck bearing registration No.CG-04J/8286) Misc. Appeal under Section 173 ofthe MotorVehicIe Act 1988 'y'' ;':/ :< ^, '^^t:. ^ ''^ ^ ^~^;!" ^ ^ Present: Shri Shivendu Pandya, counsel for the appellant. Shri Dashrath Gupta,counsel for respondentNo.3. ORDER (12th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Bhek Ram Sahu is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 01.08.2008, passed in Claim Case No. 134/2007. 2) As against the compensation of Rs.11,00,000/- 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 23.02.2007, the Tribunal awarded a total sum of Rs.40,000/- 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 United India Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.-04J/8286 liable to pay compensation to the claimant. 4) 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 the .^^^•... treatment, awarded Rs.20,000/- towards pain and suffering and the injuries suffered by the claimant in the motor accident; Rs.10,000/- towards medical expenses; and Rs. 10,0007- for loss of studies for one year and loss of amenities in future. The Tribunal, thus, awarded a total sum of Rs.40,000/- 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.40,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Shivendu Pandya, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.40,000/- only though the appellanV claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of40%. 6) Shri Dashrath Gupta, learned counsel for respondent No.3, the United India Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.40,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 7) Claimant Bhek Ram Sahu was aged about 20 years on the date of the accident. He was a student of 12th standard. He claimed that he used to assist his father in his shop. The claimant sustained fracture of his left tibia and fibula bones in the motor accident is established from the evidence of AW-3 F*N^*»««» Dr.S.P. Bare. It is a matter of common knowledge that substantial arnount is required to be spent on the treatment of fractures. 8) The compensation of Rs.40,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.40,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10) For the foregoing reasons, the appeal filed by the appellanV claimant for enhancement of the compensation 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.40,000/- awarded by the Tribunal. 11) Respondent No.3 United India Insurance Company Limjted is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 12) No order as to costs. __ - Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu