04 THE fflGH COURT OF JUDICATURE AT BILASPUR CHHATTISGABH MISELLANEOUS APPEAL (C) N0. - ^ <J (?<• (MEMORANDUM OF APFEAL UNDER SECTION 173 OF THE MOTOR VEIfICLES ACT, 1988) OF 2009 APPELLANT CLAIMANT Smt. Lalita Kanwar, W/o Vijay Kumar Kanwar, aged about 34 years, Occupation- Aganbadi Worker, R/o - Memradih, Police Staion Pithoura, s^*';' Memradih, Police Staion Pithoura, •ol"^'I^S'WX^f?:*l?<r'*<"r T?h!il and District Mahasamund ^V9 ^ 6^- RESPONDENTS NON-CLAJMANTS (C.G.) VERSUS Goutam Patel, S/o Chandrashekhar Patel, aged about 31 years, Occupation- Driver, R/o - Village- Beersinghpali, Police Station- Sraipali, Tahsil- Saraipali, District- Mahasamund (C.G.) [Driver of vehicle Mini Bus bearing registration No. CG- 04/E/0589 ] Abdul Safique, S/o Abdul Haquiqe, aged about 45 years, Occupation- Owner vehicle Mini Bus, R/o through Indrajeet Singh, S/o Darshan Singh aged about 45 years, R/o Police Line, Raipur (Hudco Company) District Raipur (C.G.) [Owner of vehicle Mini Bus bearing registration No. CG- 04/E/0589 ] The New India Insurance Company Limited, through Divisional Manager, Divisional Office, Kutchery Chowk, Jail Road, Raipur, District - Raipur (C.G.) [Insurer of vehicle Mini Bus bearing registration No. CG- 04/E/0589 ] ^l !»&) MEMQRANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Claim before the claim Tribunal Claim awarded by the claim Tribunal - 1 Claim for enhancement ofthe -amount/appeal value at Rs. 6,00,000/- Rs. 40,364/-. Rs. 5,59,636/- 2 IC! (C1 <<' Claimant Smt Lalita Kanwar, wlo Vijay Kumar Kanwar, aged about 34 yers, Occupation - Anganbadi Worker, r/o Memradih, Police Station Pithoura, Tahsil and District Mahasamund (CG1 fc r^ i-ii •OE( 3 Patet, aged about 31 years, Occupation Driver, r/o Viilage - Beersinghpali, lice Station - Saraipall, Tahsit - Saraipali, District Mahasamund (CG) Safique, s/o aged about 45 years, Occupation Ovrfner vehicle Minibus, r/o through indrajeet Singh, s/o Darshan Singh aged about 45 years, r/o Potice Line, Raipur (Hudco Company) District Raipur (CG) (Owner of ve'nicle Minibus bearing registration No.CG-04/E/0589) The New indla Insurance Company Limited, through Divisionat manager, Divisional Office, Kutchery Chowk, Jail Road, Raipur District Raipur (CG) (Insurer of vehicle Minibus bearine registration No.CG-04/E/0589) Present : S'nri Dharmesh Shrivastava, counsel for t'ne appeliant. • Shri Harsh Mehant, counsel for respondent No.1. >.-y ^•^,^":-ys5&'<\ ''VtK^!. S '!,.. v / %-*..--^ ^ /.y 2 M.A.C.No.684of2009 f: Shri Saurabh Sharma and Shri Aditya S'narma, counsel for respondent No.3. ;15thSestember.2011) The following order of the Court was passed by This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunai') vide avvard dated 11.09.2008, passed in Ciaim Case No.11/2008. 2) As against the compensation of Rs.6,00,000/-, claimed by the appellan.t/claimant, by filing a ciaim petition under Section 1 of the Motor Vehicles Act, for t'ne injuries sustained by her in the motor accident on 24.09.2007, t'ne Tribunal awarded a total sum of Rs.40,364/- as compensation along with interest @ 6% per annurn from the date of filing of the claim petition till 'the date of actuai payment. 3) The Tribunal on a close scrutiny of t'ne entire evldence ted before it heid t'ne New India Insurance Company Limited, the insurer of the offending vehicle Minibus bearing registration No.CG 04 E /0589 Siabie to pay the compensation to the daimant. 4) As the insurer of the above offending vehicle Minibus has not filed any appeal challenging the above finding recorded by th< , Tribunai, the same now 'nas attained finality. '^-y^^^:p^. s'^. iy / M.A.C. No.684of20)9 fv 5) The Tribunal considering the number and nature of ths 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.15,000/- for pain and suffering; Rs.10,364,'- for medical expenses; Rs.10,000/- for loss of future earning capacity; and Rs.5,000/- for ioss of jncome during the period of treatment. Ths Tribunal, thus, awarded a total sum of Rs.40,364/- 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.40,364/- @ 6% per snnum from the date of filing of the ciaim petition till the date actua! payment. 3) Shri Dharmesh Shrivastava, learned counsel for the appel!ant submitted that the Tribuna! has erred in awarding low compensation of Rs.40,364/- only, though the appelianVclaimant sustained multiple serious injuries including frsctures in the motor accident. 7) Shri Saurabh Sharma and Shri Aditya Sharma, learned counsei for respondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicte Minibus on the other hand supported the award and contended that the compensation of Rs.40,364,/- awarded by the Tribunal is just and proper compensation In the facts and circumstances of the present case. 3) Shri Harsh Me'nant, learned counsel for respondent No.1 Goutam Patel, t'ne driver of t'ne offending vehicle Minibus also •[-•-!- •^\\ .A.C. No.684 of 2009 <^'D; 9) Ciaimant Smt Lalita Kanwar was aged about 34 years on the date of the accident. The ciaimant though pleaded that she was working as Angan'.vadi Worker, no documentary evidence was j before the Tribunal in regard to her appointment and that •n-li she was getting saiary as Anganwadi Worker. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evldence avai!able on record. It is a matter of common knowledge that substantia! amount is required to be spent on the treatment of fractures. The clalmant must 'nave suffered physical pain ano' mental suffering on account fractures for sufficiently long period. 10) The Tribunai certainly has erred in not awardi tovvards special diet, conyeyance and attendant. ths 11) The compensation of Rs. ,364/- bv the Tri vvhen examined in the context of the above mentioned broad features of the case, in our opinion, is somewhst on the lower side and deserves to be enhanced to some extent. 12) Considering ail the reievant 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.40,364/- awarded by the Tribuna! as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appeliant/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 ./'l*'s%, •as^j l.A.C. No.684 of 2009 on the enhanced amount of compensation in addition to t'ne sum of Rs.40,364/- awarded bythe Tribunal. 14) Respondent No.3 the New India Insurance Company is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- ChiefJus^ce Sdf- R.N. Chandrakar Judge padma f; f 1