'•^ ^. 't.:'i.^"'- ^^^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DiyiSIQNBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRi RANGNATH CHANDRAKAR, J. Misc. Apoeal (0 No. 997 of2009 » Appellant : Chandrahas Sahu S/o Sukalu Sahu, aged about 33 years, R/o Village Sursabandha, Rajim, District Raipur (C.G.) Presently residing at Sidharth Chowk Pachpedi Naka Raipur (C.G.) Respondents VERSUS 1 Bashir Ahmad S/o Shri Idrish Ahmad, R/o Sanjay Nagar, Bafra Market, Sanjay Nagar, Raipur(C.G.) 2 Shri Fam Khan S/o Shri Shamim Khan R/o Kalibadi, Raipur (C.G.) 3. The New India Insurance Co. Ltd. Zonal Office-1, Kacheri Chowk Raipur (C.G.) Appeal under Section 173 of the Motor Vehicle Act. Present: Shri Manilal Saket, counsel for the appellant. Shri Deepak Gupta, counsel for respondent No.3. ORDER (18th July, 2011) The following order of the Court was passed by Rajeev Gupta,CJ. Appellant/ daimant Chandrahas Sahu is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 31.03.2009, passed in Claim Case No.19/2009. 2) As against the compensation of Rs.7,60,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 03.08.2007, the Tribunal awardeda total sum of Rs.1,21,954/- as compensation along with jnterest @ 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 New India Insurance Company Limited, the insurer of the offending vehicle Minibus bearing registration No.C.G.-04 E/0492 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Minibus 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.55.,954/- towards medical expenses; Rs.35,000/- towards loss in the future earning capacity; Rs.10,000/- towards pain and suffering; Rs.9,000/- towards loss of income during the period of treatment; Rs.7,000/- for future medical expenses; Rs.2,000/- for special diet; Rs.2,000/- for attendant; and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.1,21,954/- 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 ,21,954/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Manilal Saket, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,21,9547- only though the appellant/claimant on account of the fracture of his left femur, tibia and fibula bones has been rendered unfit to pursue his occupation as agriculturist. 7) Shri Deepak Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the jnsurer of the offending vehicle Minibus, on the other hand, supported the award and contended that the compensation of Rs.1,21,954/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Chandrahas Sahu was aged about 33 years on the date of the accident. Though he claimed that he used to earn Rs.6,000/- per month from agriculture and by running a cycle- shop, no cogent and reliable evidence was led before the Tribunal for establishing that the deceased was running any shop much less a cyde shop. The claimant sustained fracture of his left femur, tibia and flbula bones is established from the evidence of AW2 Dr. G.S. Bachhu. It is a matter of common knowledge that substantial amount is required to be spent on treatment. The claimant on account of the fractures of his femur, tibia and fibula bones could not have performed his agricultural operations for a period of 4-6 months resulting in monitory loss as during that ^ period the claimant must have been compelled to engage agricultural labourers. 9) The compensation of Rs.1,21,954/- 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. 10) Though the Tribunal has awarded compensation to the claimantunder all the permissible heads, the sum awarded for special diet, attendant and conveyance is too low. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award ofRs. 10,0007-inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,21,954/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs. 10,0007- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,21,954/- awarded by the Tribunal. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge