HIGH COURT OF CHHATTISGARH AT'BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI N.K. AGARWAL, J. Misc. Appeal No. 74 of 2006 Mrs. Katchra Bai aged 50 yrs, w/o Gorakhnath Yadav, r/o Pention Baba, Raipur, Tah. & Distt. Raipur C.G. VERSUS Thakur Ram Yadu, slo Jhadhu Ram Yadu, r/o VIII. Bijli, post Borsi, P.S. Rajim, disti. RaipUr C.G. 2. Ramesh Yadav, r s/o Ghana Ram Yadav, r/o vill. Bijli, Post Borsi, P.S. Rajim, distt. Raipur C.G. 3. The New India Insurance Co. Ltd. thrdugh Divisional Manager, Div. Office Katchheri Chowk, Jail Road, Raipur C.G. Memo of appeal under Section 173 of the Motor Vehicles Act. Appellant Claimant Respondents 1. Present : Shri Shiv Kumar Guha, counsel for the appellant. Shri Sudhir Agrawal and Shri P. Dutta, counsel for respondent No.3. ORDER (27th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Katchra Bai is seeking enhancement of the compensation awarded by the 4‘“ Additional Motor Accident /\. ad Claims Tribunal, Raipur (for short ‘the Tribunal’) vide award dated 26.1 1 .2005, passed in Claim Case No.77/2'005. 2) As against the compensation of Rs.13,00,000l— claimed by the appeiiant/ciaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 03.08.2004, the Tribunal awarded a total sum of Rs.40,000/— as compensation along with interest @ 6% per annum from the date of filing of the ciaim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence Ied before it held the New India Insurance Company Limited, the insurer of the offending vehicle Hero Honda bearing registration No.C.G.04 — CD/4024, liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Hero Honda has not med any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 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.30,000/— towards permanent disability; Rs.5‘,000/— for loss of income during the period of treatment; Rs.3,000/— towards medical expenses; Rs.1,000/— for pain and suffering; and Rs.1,000l— for special diet. The Tribunal, thus, awarded a total sum of Rs.40,000/— as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.40,000/— @ 6% per ./‘ annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shiv Kumar Guha, learned counsel for the appellant submitted that the Tribunal has erred in not‘awarding any sum towards conveyance and attendant; in awarding low sum of Rs.1,000/— only towards pain and suffering; and in awarding low compensation of Rs.40,000l- only. 7) Shri Sudhlr Agrawal and Shri P. Dutta, learned counsel for respondent No.3, the New India insurance Company Limited, the insurer of the offending vehicle Hero Honda, on the other hand, supported the award and contended that‘ the compensation of Rs.40,000/- awarded by the Tribunal, is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Katchra Bai was aged about 50 years on the date of the accident. She was a vegetable seller by occupation. The claimant sustained fracture of her right tibia and humerus bones is borne out from the material 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 on account of the fractures sustained by her in the motor accident could not have performed her duties as vegetable seller for a period of 2 - 3 months resulting in monitory lossto her. The Tribunal has erred in not awarding any sum towards conveyance and attendant; and in awarding low sum of Rs.1 ,000l- only for pain and suffering. 9) The compensation of Rs.40,000/— awarded by the Tribunal whenexamined in the context of the above mentioned broad $K features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/— inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.40,000l— awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeai filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/— inclusive of interest component son the enhanced amount of compensation in addition to the sum of Rs.40,000/— awarded by the Tribunal. 12) Respondent No.3 the New India insurance Company Limited is granted three months’ time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/— r Sd/— N.K.Agarwal Chief Justice Judge nlmml t ‘,u‘~