.\ HIGH COURT OF CHHATTISGARH AT BILASPUR Division Bench Coram: Hon'ble Shri N.K. Agarwal & Hon'ble Shri R.N. Chandrakar, JJ. APPELLANT M.A. (ClNo. 763 of 2011 Resham Singh aged about 46 years, s/o. Ajit Singh village - Hirapur Coloni, Tatiband, Dist. Raipur (CG). Vs. RESPQNDENTS 1) Satish Rai s/o. Rampravesh Rai, aged about 29 years, Address - Aaditya Road Vej Bhanpuri Thana Khamtarai, Raipur (CG). 2) Ram Kishor Sahu, Address - Aaditya Roadvej Bhanpuri Thana Khamtarai, Raipur Distt. Raipur (CG). 3) The New India'Insurance Co. Ltd., through Divisional Manager, Divisional Office 1, Kachehari Chowki Jel Road, Raipur, District Raipur (CG). (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 19881 <" .'? Present : Shri A.L. Singroul, counsel for the appellant. Shri H.B. Agrawal, Sr. Advocate with Ms. S. Khan, counsel for respondent No.3. ORDER (8-11-2011) Per N.K. Aaarwal, J; 1. This is claimants'appeal seeking enhancement in the compensation awarded by 10 Additional Motor Accident Claims Tribunal, Raipur, (for short 'the Tribunal') vide award dated 2-2-2010 passed in Claim Case No. 130/2009. ^"^^^, 6^^\ ^fl^"""" JJ <:v^/ ^^s^v 2. As against the compensation of Rs. 14,00,0007- claimed by the claimant/appellant Resham Singh by filing application under Section 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') for the injuries sustained by him in the motor accident on 31-12-2007, the Tribunal awarded a total sum of Rs.1,38,269/- as compensation along with interest @ 6 percent per annum from the date of application till its actual payment. 3. The Tribunal, on a close scrutiny of the evidence led, material placed and submissions made by the parties, held: the accident had occurred due to rash and negligent driving of Truck bearing registration No. C.G.04/JA 3161 by its driver i.e. respondent No.l/Satish Rai, the appellant/claimant sustained multiple injuries in the said accident'; respondent No. 3/ The New India Insurance Co. Ltd., liable to pay compensation as it could not establish violation of policy conditions; assessed and awarded to the claimant a total sum of Rs.1,38,269/- as compensation along with interest @ 6 percent per annum from the date of application till its actual payment. 4. Shri A.L. Singroul, learned counsel appearing for the appellant, would submit that the Tribunal has erred in awarding Rs.25,000/- only for removal of steel rods inserted during operation in both the legs of the appellanVclaimant whereas as per Doctor's opinion the expenses would be Rs.40,000/-. 5 . On the other hand, Shri hl.B. Agarwal, learned Sr. Advocate with Ms. S. Khan, counsel appearing for respondent No.S/The .,^'T^,. ^ //^^ 1 t W^Kyj ^ '^^^^' New India Insurance Co. Ltd., supported the award and submitted that in the facts and circumstances of the case, the amount of compensation awarded by the Tribunal is just and proper compensation which does not call for any interference. 6. We have heard the counsel appearing for the parties, perused the order impugned and record of the Tribunal. 7. It is not in dispute that due to rash and negligent driving of Truck bearing registration No. C.G.04/JA 3161 by its driver i.e. respondent No.l/Satish Rai, the appellant/claimant sustained multiple injuries including fractures in his both legs and steel rods were inserted during operation in both the legs of appellant/claimant. The Tribunal awarded Rs.12,000/- towards loss of income during treatment; Rs.5000/- for pain and suffering; Rs. 83,269/- towards medical expenses; Rs.4000/- towards special diet, attendant and conveyance; and Rs.25,000/- to meet the expenditure for removal of steel rods inserted during operation in both the legs of appellanVclaimant and thus awarded Rs.1,83,269/- as compensation for the injuries sustained by the appellant/claimant in the said accident. 8. A bare perusal of the award would reveal that steel rods were inserted during operation in both the legs of the claimant/appellant were required to be removed. As per evidence of Dr. Rohit Mishra, appellant may incur Rs.40,000/- as expenses for its removal. The Tribunal ignoring the above fact has granted only Rs.25,000/- on the above head and ''• ^'^^:^s^^ thereby has committed error in not awarding Rs.40,000/- on the above head as opined by Dr. Rohit Mishra. 9. In view of the above, the appellant/clamant is entitled for Rs.40,000/- in place of Rs.25,000/- to meet the expenses for removal of steel rods inserted during operation in his both legs. 10. For the reasons mentioned hereinabove, the appeal is allowed in part. The appellant is awarded further sum of Rs.15,000/- over and above the amount awarded by the Tribunal. The above enhanced amount of compensation shall carry interest @ 6% per annum from the date of application till its actual payment. 11. Respondent No.3/ The New India Insurance Company Limited is granted three months' time to deposit enhanced amount of compensation of Rs.15,000/- along with interest @ 6% per annum from the date of application till the actual payment before the concerned Claims Tribunal. 12. No order as to costs. Sd/- N.K. Agarwal Judge Sd/- R.N. Chandrakar Judge Raju