HSGH COURTOF CHHATriSGARH AT BILASPUR >c;; 6 Sifiale Bench : HQn?b|e Shrs Dji^ Appeiiasit Claimaiit Respondents iVI. A. (C.) No.512/2007 Knshna Kumar Kosre, S/o Shri Daya Ram Kosre, aged| about 27 years, R/o Kosre Bhawan, Bhiiai 3, Tahsil Office; Shanti Nagar, Bhilai, District Durg (C.G.) Versiis 1. Sitaram Sahu, S/o Shri Mehattar Saha aged about 42 years, R/p Vinayakpur, P.S. Puigaon, Tahsil & District Durg 2. JanralSingh Bhatia,S/o S. L Bhatia, R/o Near M. P. Petroi Pump, G. E, Road, Rajnandgaon, Tahsil & District Rajnandgaon (C.G.) 3. Branoh Manager The Oriental insurance Company Limited, MaMya Nagar, Durg, Tahsi! & Distriot Durg (C.G.) ' Aoeea!_ynderSectson 173 of the•MotorVehicSes^Act 1888. Present :'- ' ' '.'.••:-.'/••, •:'" " :'• . ; !' . ' . •• .': •:;,- Shri JltendraGupta; counsel for the appeiiant ; ORAL ORDER - (Passed on this 9 h day of September, 2008). Heard on admisslon. (2) The appellant/daimant is aggrieved by an av^arddatecj 08-01-2007 passed by the 8th Additional Motor Accidents Ciaims Tribuna!, F.T.C., Durg (henceforth "the Tribuna!") in Claim Case No.6/2006 whereby in an Injur^ case, compensation of Rs.24500/- ¥i/asawarded. (3) , Learned counse! for the appeliant has urged foiiowlng gTounds sn thss appea!:- (A) .tS^at the Tribuna! was not justified in grantlng a' meager sum of'^s.3,000/- towards expenses in treatment. (B) ' tha^the Tribunai erred in assessing the yeariy notionai income of the appel!ant/c!aimant at Rs.15,000/- and, m \ < \^ €- Tumane (C) that the compensation awarded by the Tribunai is not commensurate with the permanent dssabiljty suffered by the ciajmant (4) Having heard the submjssion made by tearned counsel for the appellant/ciaimant, I have perused the record. (5) Learned counsel for the. appeiiant did not dispute that the, appeliant/claimant did file any reoeipt of expenses incurred in treatment The appelianVciaimant dld not lead any documentan/ evldence to show that he was earning a sum of Rs.3,000/- per month from the work of fabrication. !n thls vlew of the matter, the Tribunai was justlfied in taking the notiona! Income of the appe!lant/c!aimant at Rs.15,000/-. So faras the disability suffered bythe claimant is ooncerned;no medical evidence was adduced by the clalmant The disabi!ity certificate Ex.P.1 also does not speciflcaily show that the daimant had suffered any permanent disabiiity due to the accident Despiteithere being ahy evidence, the Tribuna! has.aiso awarded a sum ofRs.6,750/- towards !oss ofeaming.it has further awarded Rs.3,000/- tovvards experises incurred in treatment, Rs.5,OOOA towards pain and suffering, Rs.3,000/- towards special diet and Rs.3,000/- towards cost of attendant and conveyance charges, !n this manner, ! am of the considered opinion that no ground for enhancement of compensation awarded by the Tribuna! is made out k (6) In the resujt, the appea! being devoid of any merit js dismissed at the stage of admission. Dilip Raosaheb Deshmukh Judge \\ ' •lilii'i'-l