-B'^r.^ l^? V s^ CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHR! SUNSL KU!V!^° SINHA, lisc. Apoeal No.1164 of 2( Vimala Bohra, Aae 40 years. W/o Santoshchand Bohra, R/o Near Police Thana Main Road, Chhuria Distt : Rajrsandgson (CG) ^on-sppSlcants Saiwant Singh, S/o not Rnown, aged about 55 years, Residenf of PrabhaS Colony, Gopal Nagar; Bhusawal, (Maharashtra), Father of the deceased Abdul Rahman, S/o Sheikh Kadar, Village Saiegaon—Bhushawal, Distt Jalgaon (!ViS), Driver of Truck No.MWD -96Q1 The New India Assurance Company Ltd., Through : Branch Manager Unlf No.160703, 4/752, First Floor, Dr. Rote Suiiding Jhankar Road, Bhushaval 425201 Distt Jalagaon(MS), Insurer of Tata Diesel Truck- No.llv1WD-9601 The New India Assurance Gompany Ltd., Through : Branch Manager, iranch Office, First Floor, Kamptee Line, Rajnandgaon (CG) Braneh Offlce Insurance Company at Rajnandgaon liscelianeous AoDeal underSection 173 of Act ra : ihaduri. counsel for the appeliant. ihri Shreekumar Agrsv/ai, Ssnior Counse! with Shri Anand Gupta, counsel for respondent No.3 and •^?'ifi3:s?gi.%'S^e;g^'mgs^^gfl^i^^:a!iEi;tlg3: 2 ^^ :th a (15m December, 2310) The followina order of the Court was passed Appeilant Vimla Bohra is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunat, Rajnandgaon (for short 'the Tribunal') vide award dated 29.08.2003, passed in Claim Case No.249/2002. 2) As against the compensation of Rs.16,20,000/- claimed by the appellant/claimant, by filirtg a claim petition under Section 163-A of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 01 .05.2002, the Tribunal awarded a total sum of Rs.1,90,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition ti!l the date of actual pavment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that ciaimant Vimala Bohra sustained multiple serious iniuries includinci fractures in the motor accident on 01.05.2002; the accident occurred due to rash and nealiaent drivina of the driver of the offending vehicle Truck bearing registration No.ft/IWD-9601; as the above offendina vehicie Truck on the date of the accident was insured'with the New India Insurance Company Limited and the insurance company could not establish any breach of the policy conditions, the insurance Cpmpany was liable to pay compensation to the claimant. y^ 1 'a:::!!ite:'is»" 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finalitv. 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 the treatment, awarded Rs.1,46,250/- towards permanent disability to the extent of 65%; Rs.39,665-84ps towards medica! expenses; ind Rs.4,000/- towards conveyance. The Tribunal, thus, assessed the total compensation payable to the claimant at Rs.1,89,915-84ps, which was rounded off to Rs.1,90,000/-. The Tribunal, thus, awarded a total sum of Rs.1,90,000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,90,000/- @ 9% per annum from the date of filing of the ctaim petition til! the date of actual payment. 3) Shri MK Bhaduri, tearned counsel for the appellant submitted that the Tribunal has erred in awarding iow compensation of Rs.1,90,000/- only though the appeilant/ claimant sustained multipie serious injuries inctudinQ fractures in the motor accident resuitina in permanent disabilitv to the extent of 65%. 7) ShN Shreekumar Agrawal, iearned Senior Counsel with Shri Anand Gupta, learned counsel for respondents No.3 and 4, the New india Insurance Company LiEnited, She insurer of both the vehicles [,,?. Tata Sumo in which the claimant was travelling and the Truck which dashed the Tata Sumo, on the other hand, supported Y \^ ^ 4 0) Si,8!!tlRi*al ;j^.;!-:; •'•• the award and contended that the compensation of Rs.1,S awarded by the Tribunai is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident ciaim case what is important is that the compensation to be a'warded by the Courts / Tribunafs should be just and proper compensation in the facts and cireumstances of the case. It should neither be a meager amount ot' compensatlon, nor a bonanza. 9) Now/, we shali examine as to whether the compensation of Rs.1,90,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Claimant Vimla Bohra was aged about 40 years on the date of the accident. Though in the claim petition it was pleaded that the c.1aimant used to earn Rs.3,000/- per month from stitehing and tuition, the claimant in her statement before the Tribunal did not utter even a single word about her any reguiar and independent income. The evidence of AVV/1 Dr A Saifi establishes that the claimant sustained multipie fractures in the accident. His evidence further estabiishes that the injuries and the fractures sustained by fhe claimant in the motor accident resulted in permanent disabilrty to the extent of 65%. It is a matter of common knowledge that substanfial amount is required to be spent on the treatment of fractures. The claimant would suffer for whole of her remalnina life on account of the serious nature of the fractures sustained bv her in the motor accident. y VY-. 5 wGm:9- :Rt:. 'lSl 11) The Tribunal certainly has erred in not awarding any sum towards pain and sufferina, speciai diet and attendant. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.60,000/- inciusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,90,000/- awarded by the Tribunai as just and proper compensatlon in the facts and circumstances of the present case. 13) For the foregoing reasons, the appeal fited by the appellant/claimant for enhancement of the compehsation is allowed in part. The claimant is awarded further sum of Rs.60,000/- inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.1,90,000/- awarded by the Tribunal. 14) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositina the total sum of Rs.60,000/- before the concerning Ciaims Tribunal. 15) No order as to costs. ^——- Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge padma y v^-