^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CQRAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT RESPONDENTS M.A.fClNo. 531 of 2008 Tarachand Sahu, Aged 25 years, S/o Ramratan Sahu, R/o In front of Durga Mandir, P.S. Tikrapara, Raipur, Tahsil & District Raipur (C.G.) Versus 1. Jitendra Singh, S/o Satyanarayan Singh, R/o Rawanbhata, Near Banjari Mandir, P.S. Khamtarai, Tahsil & District Raipur (C.G.) 2. Prabhakar Rao Chapal, S/o Shri Y. Rao Chapal R/o Through Gujrat Road Lines, Birgaon, Raipur (C.G.) 3. The Oriental Insurance Company Limited, Through: Divisional Office-2, Chawla Compiex, Devendra Nagar Road, Sai Nagar, Raipur (C.G.) Memo of Appeal Under Section 173 ofthe Motor Vehicles Act. 1988 Present: Shri A.S. Iqbal, learned counsel for the appellant. ORDER (23rd April, 2008) The foliowing order of the Court was passed by Rajeev Gupta, C.J. Shri A.S. Iqbal, learned counsel for the appellant is heard on I.A. No. 01/2008 (application for condonation of delay in filing the appeal). 2. On due consideration, we are satisfied that the appellant has succeeded in showing sufficient cause for the delay in flling the appeal. 3. I.A. No. 01/2008, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4. Shri A.S. Iqbal, learned counsel for the appellant is heard on admission. 5. Appellant - Tarachand Sahu is seeking enhancement of the compensation awarded by the Seventh Additional Motor Accident Claims Tribunal, (F.T.C.) Raipur, (for short 'the Tribunal'), vide award dated 29-09-2007, passed in Claim Case No. 58/2006. 6. As against the compensation of Rs.10,00,0007- claimed by claimant - Tarachand Sahu for the injuries sustained by him in the motor accident on 10-05-2006, the Tribunal has awarded a sum of Rs.1,25,000/- along with interest @6% per annum as compensation to the claimant. 7. Shri A.S. Iqbal, learned counsel for the appellant vehemently argued that the compensation of Rs.1,25,000/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries sustained by the appellant in the motor accident. SKa-«&...ua<«<«E^»<,<.^^ ; ^ 8. True, the Tribunal has found that appellant - Tarachand Sahu sustained multiple injuries and fractures in the motor accident on 10-05-2006 and those injuries resulted in permanent disability to the extent of 33%. The appellant was an electrteian and most of the injuries and fractures sustained by him in the motor accident were on his face. Admittedly, the appellant did not sustain any injury whatsoever in his upper and lower limbs. Thus, it is apparent that the injuries and fractures sustained by the appellant in the motor accident have not resulted in any loss of earning capacity as an electrician. 9. The compensation of Rs.1,25,000/- awarded by the Tribunal when examined in the context of the above-mentioned broad features ofthe case, we are satisfied, does not warrant any enhancement in this appeal. 10. As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant/claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed summarity. Sd/- Chief Justice subbu Sd/- SunilKumar Sinha Judge