•^^s: HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant •^ Respondents -^. Misc Appeal (C) No.971 of 2010 Dayalu Ram, s/o Dhanwa Ram Satnami, aged about 40 years, r/o Village Bangoli, Tahsil Kurud, District Dhamtari (CG) VERSUS 1 Lalit Kumar S/o Sri Shiv Narayan Sinha, aged about 27 yers, r/o Viliage Silghat, Tahsil Kurud District Dhamtari (CG) (Driver of alieged vehicle bearing registration No.CG 07/LL 2135) 2 Sanat Kumar, s/o Ghasiya Ram Yadav, Resident of village Silghat, Tahsil Kurud, District Dhamtari (CG) 3 The National Insurance Company Limited, Naveen Market GE Road, Raipur, Tahsil & District Raipur (CG) (Insurer of alleged vehicie bearing registration No.CG 07/LL 2135) MiscelBaneous Appeal under Section 173 of Moior Vehicles Act Present : Shri Anil Gulati, counsel for the appellant. Shri Q Aziz and Shri GVK Rao, counsel for respondent No.3 ORDER (13tnSeptember,2011) \- ^^^ MACNo.971 of 2010 \ ^- (-. The following order of the Court was passed by Rajeev Gupta, CJ. Appellant / Claimant DAyalu Ram is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunat') vide award dated 05.07.2010, passed in Ciaim Case No.91/2009. 2) As against the compensation of Rs.5,20,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 27.04.2009, the Tribunal awarded a totai sum of Rs.31,250/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition tili the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the National Insurance Company Limited, the insurer of the offending Hero Honda CD Delux Motorcycle bearing registration No.CG 07 LL /2135 liable to pay the compensation to the claimant. 4) As the insurer of the above offending Hero Honda CD De!ux Motorcycle has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finailty. 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 Rs.16,250/- towards medical expenses; Rs.10,000/- ^4^ 7^-^ A. ' s^: ^ MACNo.971 of 2010 ,./ II C .•^~" r' towards pain and suffering; and Rs.5,000/- towards loss of income during the period of treatment. The Tribunal, thus, awarded a totai sum of Rs.31,250/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.31,250/- @ 6% perannum from the date of filing of the claim petition till the date of actual payment. 6) Shri Anil Gulati, learned counset for the appeilant submitted that the Tribunal has erred in not awarding any sum towards specia! diet, conveyance and attendant; and in awarding compensation of Rs.31,2507- only. 7) Shri Qamrul Aziz and Shri GVK Rao, tearned counsel for respondent No.3 the National Jnsurance Company Limited, the Insurer ofthe offending Motorcycle on the other hand supported the award and contended that the compensation of Rs.31,250/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Dayalu Ram was aged about 40 years on the date of the accident. He was a labour by occupation. The ctaimant sustained .multiple serious injuries inciuding fracture of his right Tibia bone in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being labour by occupation, could not have performed his duties as labour on account of the fracture of —\ :,, . A ^ ...... 'i? 1 "yi' £ %s^y MACNo.971 of 2010 c his right Tibia Bone in the motor accident resulting in monitory loss to him. 9) The Tribunal certainly has erred in not awarding any sum towards special diet, conveyance and attendant. 10) The compensation of Rs.31,250/- awarded by the Tribunal, when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the !ower side and deserves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensatlon of Rs.31,250/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appeltant/claimant for enhancement of the compensation, therefore, is altowed in part. The ciaimant is awarded further sum of Rs. 15.000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.31,250/- awarded by the Tribunat. 13) Respondent No.3 the National Insurance Company is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge padma