HIGH COURT OF CHHATHSGARH AT BILASPUR M.A.ICI No. 1619/2008 DB.: HON*BLE SHRI JUSTICB SUNIL KUMAR SINHA flb HOtTBLE SHRI JU8TICB D.R. DB8HMUKH. APPELLANT RESPONDENTS Devdas, S/o Puran Das Maxiikptiri, agcd about 23 years, R/o ViHage Sonsaitola, Post Bhadsena, P.S. & TahsU Ambagarh Chowki, District Rajnandgaon (C.G,) Versus Sunil Kumar, S/o Tarachand Uke, aged about 28 years, R/o Motipur Ward No.5, Ram Nagar, Rajnaadgaon, Distdct Rajnandgaon (C.G.) Gajendra Khobragadhe, S/o Vishwanafh Khobragadhe, aged about 45 years^ R/o Jaata Golony, LaKholi, Rajnandgaon^ at present R/o Sristhi Colony Rajnandgaon Branch Mans^er, Natioaal Iiisurance Company Lmxited, Branch Of&ce Kamfhi Liiie, Rajnandgaon (C.G.) MISCBLLANEOUS APPEAL UNDBR SECHON 173 OF THE MOTOR VBHICLB8 ACT. 1988 Present: Shri Aviaash Chand Sahu, Counsel for fhe appeUant ORAL ORDBR (04.12.2008) The foUowmg orderof fhis Coiirt is passed by SunU Kamcur Sinlia, J. ^^gs^ MA(C)No.1619/2008 Heaid on I.A, No.Ol, which is aii appUcation for coadonatiQn ofdelay ia filfcag fhe appeal Office report shows fhat fhe ap^al is barrcd by 15 days of Umitation, On due consideration of fhe submissions made by learacd counsel for fhe appeHaxit, we are satisfied that the appeUant has been able to explain fhe delay in ffling fhe appeal and fhe same deserves to be condoned. Accordingly, I,A,No.Ol is aUowed and fhe delay in filiag fhe appeal is hereby condoued. Heard on admission. The appeUaat/claiuiant has filed fhis appeal under Section 173 of tiie Motor Vehicles Act for enhancement of titie aniount of compensatiou awarded in Claim Case No. 85/2007 by the First Additioiial Motor Accident Claiois Tnbunal, Rajnandgaon (C.G») on 25A June 2008. The appeUant/claiDiaat had filed a claiai petitioa under Sectton 166 of fhe Motor Vehicles Act claimmg compensation of Rs.8,39,000/- on account ofpersonal iojuries sustained by him in the motor accident, which took place on 14,11,2006* A perusal of para 10 of the award wouM show fhat the tibia- fibula bones of the right leg of fhe appellant were fi^acturcd m fhe said accident The appeUant was a T.V. Mechanic. He pleaded fhat he was eaming Rs.200/- per day. A Disability Certififcate was also filed by fhe appeUaat saying fhat due to fhe accideat, he sufifered percnanent disabflity to tibie extent of 2QP/o. The Tribimal after evaluatmg fhe material placed on record by fhe parties, awarded a sum of Rs,25,000/- towards medical expenses^ special diet and conveyance. It also awarded Rs.20,000/M- towards pain aad sufferings and Rs-30,000/- towaids loss ofeamiag for 10 monfhs, during which ftie appeUaat could not perform his job. The Tnbunal further awarded a sum of Rs,28,800/~ towards pecuniary loss sufered by fhe appeUaat aad a sum of Rs.30,OCK)/- towards non- MA(C)No.l6l9/2008 ^ shyrm pecuniary loss sustaiaed by liim due to pennaaent disability. In fhis uiaaner, tlie Tribunal awarded a total sum of Rs. 1,33,800/- as compensation to the appeBant for tfae injuries sustamed by him in. the motor accident The TribuDal has also awarded mterest @ G% p.a, fix)m. fhe date offiliagofftie claim petitioa tfll its rcalization, Learaed coiuisel for fhe appellant submits ftiat the assessment made by fhe Tribunal is not proper and fhe amouiit of compensation may be siiitabfy enhanced. Afiker gomg fhxough fhe conteiits ofthe award, we do not find any reason to enliaiice ftie amount of compensation awarded to the appeUant by fhe Claims Tnbunal for fi'actures of his right tibia- fibula bones, which he sustaio.ed in the motor accident on 14.11.2006. The appeal filed by ftie appeUant for enhjaacement of fhe ainount of coinpensation has no merit and fhe same is disxnissed at fhe motion stage itself Sd/- Dilip Raosaheb Deshmukh Sd/- Sunii Kumar Sinha Judge Judge