»B'u'> *-"Ttitesiifl»i~tfe».«tEac HIGH COURTOF CHHAmSGARH. BILASPUR Appellant Clainiant CORAM: Hon'ble Shri Sunil Kumar Sinha SB Hon'ble Shri Radhe Shyain Sharma, JJ. M.A. No. 488 of 2002 Safi Hussain S/o Shri Rahman Hussain, aged 35 years, R/o Talapara, Bilaspur, Tah. & Distt. Bilaspur (C.G.) Respondents Versus Raju Bajaj S/o Govind Bajaj, R/o Near Press Bajrang, Nagar Raipur Tah. 8s Distt. Raipur (C.G.) Satyadeep Khub Chandani S/o Laxman Khub Chandani Prop. M/S Jyoti Machines Station Road, Raipur Tah. 8s Distt. Raipur (C.G.) New India Assurance Co. Ltd. Through Branch Manager, New India Assurance Co. Ltd. Raipur (C.G.) (Appeal under Sectionl73 ofthe Motor Vehicles Act) Appearance: Mr. Devendra Pratap Singh, Advocate for the appeUant/claim.ant. Mr. Raj Awasthi, Advocate for respondent No.3/ New India Assurance Company Limited. ORDER (02.05.2012) Following order of the Court was passed by Sunil Kumar Sinha, J. (1) The appellant/claimant has filed this appeal for enhancement of compensation awarded in Claim Case No. 4/2001 by the Pifth Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) vide award dated 19th ofDecember, 2001. it.it· •»tutu*1iiih 7S ,^«j;vs^- ;1 1 "'^ ...^ M.A.No. 488 of2002 (2) The appellant/claimant filed a Claim Petition u/s 166 of the Motor Vehicles Acf claiming compensation of Rs.9,00,000/- for the personal injuries sustained by him in the motor accident on 20tbofApril, 2000. (3) The appellant pleaded that he was working as a driver and was earning Rs.3,000/- per raonth. On account of injuries sustained over his right leg, he suffered permanent disability to the extent of 30%. The appellant, therefore, claimed compensation on account of permanent disabiUty; medical expenditure; loss of earning during the course of treatment; loss in future eaming capacity etc. The Tribunal recorded the finding fhat the appellant was aged about 35 years and he suffered permanent disability on his leg to the extent of 30 %. The Tribunal further held that the appellant .was eaming Rs.2,500/- per month. By deducting Rs.500/- towards the personal expenses of the appellant, it was determined that the appellant used to spend Rs.2,000/- per month on his dependents. The Tribunal, thus, taking Rs.2,000/- as the dependency factor applied the multiplier of 16 and the amount which the appellant could have eamed as net income in future in normal circumstances was worked out to Rs.3,84,000/-. As the permanent disability was to the extent of 30%, the Tribunal worked out 30% of the above amount as loss of future earning to the appeUant which came to Rs.1,15,200/-. Besides the above, the Tribunal also awarded Rs.10,000/- towards the medical expenses and Rs.5,000/- towards pain and suffering. The Tribunal, thus, .^€S^ 1 I i;*"^^' ^' 3 M.A.No. 488 of2002 awarded Rs.1,30,200/- as compensation to the appellant for the permanent disability to the extent of 30% which the appellar-t t suffered on his right leg. The Tribunal also awarded interest at the rate of 9% per annum from. the date of filing of the Claim Petition till the date of actual payment. It was held that the respondents were jointly and severally liable to pay the amount of compensation to the appellant/claimant. (4) The respondents have not filed any appeal/cross-objection against the impugned award passed by the Claims Tribunal. (5) Mr. Devendra Pratap Singh, leamed. counsel appearing on behalf of the appellant/claimant, argued that the Tribunal has erred in not awarding any sum towards conventional heads of conveyance, attendant, special diet & loss of eaming during the course of treatment, and in awarding low compensation of Rs.l,30,200/-only. (6) On the other hand, Mr. Raj Awasthi, learned counsel appearing on behalf of respondent No.S/New India Assurance Company, the insurer of the offending vehicle Tata Sumo bearing fegisfa-ation No. MP 23 LA 1546, supported the award and contended that the compensation of Rs. 1,30,200/- awarded by the Tribunal is just and proper compensation in the facts and circunastances of the present case. (7) We have heard learned counsel for the parties atlength and have also perused the records of the claim case. •.^'^'^1^^ ^W'iSS,,'x ,' y M.A.No. 488 of2002 (8) Admittedly, the appellant was a driver and was aged about 35 years on the date of the accident. During the course of t treatment, he was admitted in the hospital from 20.4.2000 to 6.5.2000, and thereafter, from 1.6.2000 to 29.6.2000. The appellant had sustained multiple serious injuries including fracture of his right tibia bone in the motor accident is borne out from the evidence available on record. According to concemed Doctor, he sustained permanent disability to the extent of 30% in his right leg. The appellant being a driver could not have performed his duties as driver on account of the fracture of his right tibia bone for about 5-6 months. It is borne from the certificate (Ex.-A/2) that he was under treatment from 20.4.2000 to 27.7.2000. (9) It is a matter of common knowledge that substantial amount is required to bespent on the treatment of fractures. The conteni-s of the award would show that the Tribunal has not awarded any sum towards conventional heads of conveyance, attendant & special diet and has also not awarded any sum regarding loss of incorae during the course of treatment. (10) The compensation of Rs. 1,30,200/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced suitably. '«»» M.A. No. 488 of2002 (11) Considering all the relevant aspects of the matter, we are of the opinion that furfher award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the corapensation of Rs.1,30,200/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. (12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.25,000/- (Twenty Five Thousand Only) inclusive of interest component on the enhanced amount of compensation in addition to the sum ofRs.1,30,200/- awarded by the Tribunal. (13) Respondent No.3/New India Assurance Company Limited is granted 3 months time for depositing the total sum of Rs.25,000/- (Twenty Five Thousand Only) before the concerning Claims Tribunal, failing which, they shall be liable to pay interest on the said amount at the rate of 6% per annum for the period commencing after the completion of 3 months from today till recdization. (14) There shall be no order as to cost. Sd/- Sunil Kumar Sinha Judge Sd/- R-S. Sharma Judge