-y HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Non-applicants Misc. Appeal No. 263 of 2005 Ramashankar Gupta, s/o Shivdayal Gupta, aged about 45 years, occupation Mechanic, r/o village Shivpur, P.S. -Ramanujnagar, tahsil Surajpur, distt. Surguja C.G. VERSUS 1 Aashikuddin @ Aashik Ali, s/o Abdul Hamid, aged about 33 years, occupation Advocate, r/o viilage Kalyanpur, P.S. & Tahsil Surajpur, district Surguja C.G. (Driver) 2 Shailendra Singh Khursenga, s/o. Badri Singh Khursenga, r/o. Jabdapara,New Sarkanda, Bilaspur, .distt. BilaspurC.G. (Owner) 3 National Insurance Company Limited, through Divisional Manager, Korba, post Korba, district Korba C.G. (Insurer) IVIemo pfaBBeaLunder Section 173^f the Motor Vehicles Act Present: Shri Ashok Kumar Shukla and Shri Atanu Ghosh, counsel for the appellant. Shri D.L. Prajapati, counsel for respondent No.2. Shri Raj Awasthi, counsel for respondent No.3. ORDER >nd (22n°July,2011) ^N^!N^^u^^te^^'^ ^ The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Ramashankar Gupta is seeking enhancement of the compensation awarded by the 3 Additional Motor Accident Ctaims Tribunal, Surajpur, district Surguj'a (for short 'the Tribunal') vide award dated 10.12.2004, passed in Claim Case No.39/2003. 2) As againstthe compensation of Rs. 10,00,0007- 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 30.12.2002, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 7% 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 Nationat Insurance Company Limited, the insurer of the offending vehicle Tata Sumo bearing registration No.M.P.- 26E/9900 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Tata Sumo 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 lump-sum of Rs.50,000/- as compensation to the claimant. The '"^ ^-^. '^ ^ ^ <^M Tribunal further directed payment of interest on the above amount of compensationof Rs.50,000/- @ 7% per annum from the date of filing of the ctaim petition till the date of actual payment. 6) Shri Ashok Kumar Shukla and Shri Atanu Ghosh, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.50,000/- only though the appellant sustained multiple serious injuries including fractures in his right hand in the motor accident. 7) Shri Raj Awasthi, learned counsel for respondentNo.3, the National Insurance Company Limited, the insurer of the offending vehicle Tata Sumo, on the other hand, contended that the compensation of Rs.50,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Shri D.L. Prajapati, learned counsel for respondent No.2 Shailendra Singh Khursenga, the owner of the offending vehicle Tata Sumo also supported the award. 9) Claimant Ramashankar Gupta was aged about 45 years on the date of the accident. He was a radio/T.V. mechanic by occupation. The claimant sustained fracture of his right radius and ulna bones is established from the evidence of AW3 Dr. Sanjay Tripathi. It is a matter of common knowledge that substantial -amount is required to be spent on the treatment of fractures. The claimant, -being a T.V. and radio mechanic, on account of the fracture of his right radius and ulna bones could not have performed ^ his duties as mechanic for a period of 2 - 3 months resulting in monitory loss to him. 10) The compensation of Rs.50,000/- awarded by the Tribunal when examined in the context of the abovementioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of theopinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.50,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal fited by the appellanV claimant for enhancement of the compensation is allowed in part. The claimantis awarded further sum of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.50,000/- awarded by the Tribunal. 13) Respondent No.3 the National Insurance Company Limited is granted three months' time for deppsiting the total sym of Rs.15,000/- before the concerning Claims Tribunal. 14) No order as to costs. nimmi Sd/- Chief Justice Sd/- N. K. Agarwal Judge /> 5 7