IN THE HIGH COURT OF CHHAmSGARH AT BILASPUR •A. (Q N0. -^% ;in^ asii'i Rajnandgaon (C.G. RESPONDENTS Aged about 35 R/o BMY Charoda, Near Urla Gate, P.S. BMiai -3, ^ &5.-^.9.t^1^2. Santosh Kumar Sahu *'' .^t.9'*** Lal Sahu,aged about 27 years, R/o »•?* n t-)iA(T PanchshU Nagar, Charoda, District ^ 3. The New India Insurance Company Ltd. Division Office Manager, Power House Bhilai MEMORANDUM OF APPEAL UNDERJ8ECTION-173 OF THE MOTOR VEHICLES ACT.J988FQR ENHANCEMENT OF ^ ^ ^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHR1 RAJEEVGUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc Appeal (Ci No. 646 of 2009 Love Kumar @ Raja, s/o. Ganga Ram, aged about 18 years, r/o. Station Para, Ward No.9, Rajnandgaon, District Rajnandgaon (CG). VERSUS 1 Narsingh s/o. Budhram, aged about 35 years r/o. BMY Charoda, near Urta Gate, P.S. Bhilai -3, District Durg. 2 Santosh Kumar Sahu s/o. Dashrath Lal Sahu, aged about 27 years, r/o. Panchsil Nagar, Charoda, Dlstrict Durg 3 The New India Insurance Company Ltd., Division Oflfice, Raipur, through Branch Manager, Power House Bhilai. Miscellaneous Appeal under Sectkin 173 of IVIotor Vehicles Act Present : Smt. Renu Kochar, counsel for the appeltant. Shri Shivendu Pandya counsel for respondent No.3. ORDER ith (11mJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Love Kumar @ Raja is seeking enhancement of the compensation awarded by the 7* Additional -t^. Motor Accident Claims Tribunal, Durg (for short the Tribunal') vide award dated 31.07.2008, passed In Claim Case No.73/2007. 2) As against the compensation of Rs.18,50,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 17.05.2005, the Tribunal awarded a total sum of Rs.64,286/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close ^srutiny of the entire evidence led before it held that claimant Love @ Raja sustained multiple serious injuries inctuding fracture of hisright fibula bone in the motor accident on 17.05.2005; the accident occurred due to rash and negligent driving of the offending vehicle Tata-Sumo bearing registration No.CG 04 B 4726; as the above offending vehicle Tata-Sumo 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 Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant In the motor aa;ident; aind the amount proved to have been spent on -x^ r treatment, awarded Rs.25,286/- towards mediral expenses; Rs.29,000/- for grievous injuries and the permanent disabillty; Rs.9,000/- for loss of income during the period of three months; and Rs.1,0)0/- for special diet. The Tribunal, thus, awarded a total sum of Rs.64,286/- 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.64,286/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Smt Renu Kochar, leamed counsel for the appellant submitted that the Tribunal has err«J in awardlng low compensation of Rs.64,286/- only, though the appellant/ ctaimant sustained multlple serious injuries including fracture in the motor accldent resulting in permanentdisability to the extent of 20%. 7) Shri Shivendu Pandya, learned counsel for r^pondent No.3 the New India Insurance Company Limited, the insurer of the offending vehicle Tata-Sumo on the other hand supported the award and contended that the compensation of Rs.64,286/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Love Kumar @ Raja was aged about 18 yeara on the date of the accident. He sustained fracture of right Fibula bone is established from the evidence of AW/4 Dr. Sanjay Bakshi. It is a matter of common knowledge that sub^antial amount is required to be spent on the treatment of fractures. The claimant on account of ^•^ the fracture of his right leg could not have performed his duties for a period of 3-4 months resulting in monitory loss to him. 9) The compensation of Rs.64,286/- 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 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.11,000/- inclusive of interest eomponent on the enhanced amount of compensation would make the compensation of Rs.64,286/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeal ffled by the appellant/claimant for enhancement of the compensation, therefore, is atlowed in part. The claimant is awarded further sum of Rs.11,000/- inclusive of interest component in addition to the sum of Rs.64,286/- awarded by the Tribunal. 12) Respondent No.3 the New Indla Insurance Company Limited is granted three months' tlme for depositing the trtal sum of Rs.11,000/- before the conceming Claims Tribunal. 13) No order as to costs. padma Sd/- ChiefJustsce Sd/- Rangnath Chandrakar Judge