k\ yD HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc.ADDeaKClNo.413 of 2010. Appellant Respondents Sandeep Tharani S/o Shri Asan Das Tharani age 22 years, resident Mata Devalay Ward, Thana Bhatapara City, teh. Bhatapara district Raipur C.G. VERSUS Ashok Das, s/o Sahettar Das Manikpuri, age 25 years, driver of H.G.V. Tata, vehicle No.C.G.04/ZC 1013 Resident Kesla, Karhi Bazar, Bhatapara, district Raipur C.G., Second Address - Durga Careers, Pvt. Ltd. Baloda Bazar, district RaipurC.G. M/s Durga Careers, Pvt. Limited, Baloda Bazar, district Raipur, C.G., Owner of Accidenta H.G.V., Tata Vehicle No. C.G. 04/ZC-1013, Lavan Road, Baloda Bazar, district Raipur C.G. Reliance General Insurance, Anil Dhiru Bhai, Ambani Group, shop No. 412, 413, Fourth Manzil, Ravi Bhawan, Jai StambhChowk, Raipur C.G. Memo of appeal under Section 173 of Motor VehicIeAct Present: Shri Sudhir Agrawal and Shri P. Dutta, counsel for the appellant Shri Sourabh Sharma, counsel for respondent No.3. ^'•'>l;:;.;fe.^^\: 1 ^ss^^'"^' M.A.(C)No.413 of 2010 ^\ ORDER >th (18InAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bhatapara, district Raipur (for short 'the Tribunal') vide award dated 13.01.2010, passed in Claim Case No.01/2009. 2) As against the compensation of Rs.15,23,602/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 01.09.2008, the Tribunal awarded a total sum of Rs.1,49,000/- 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 scrutiny of the entire evidence led before it held the Reliance General Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.CG04-ZC/1013, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed 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 spent on treatment, awarded Rs.1,02,000/- towards loss in the future M.A.(C) No.413 of 2010 6 earning capacity; Rs.45,000/- towards medical expenses; and Rs.2,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.1,49,000/- 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.1,49,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Sudhir Agrawal and Shri P. Dutta, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards pain and suffering, special diet, attendant and loss of income during the period of treatment; and in awarding low compensation of Rs.1,49,000/- only. 7) Shri Sourabh Sharma, learned counsel for respondent No.3, the Reliance General Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, contended that the compensation of Rs.1,49,0007- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Sandeep Tharani was aged about 22 years on the date of the accident. He was a transporter by occupation. The claimant sustained multiple serious injuries in the motor accident is established from the evidence of AW9 Dr. G.S. Bachhu and AW10 Dr. H.N. Saheta. The claimant on account of the grievous injuries sustained by him in the motor accident, could not have attended his transport business for a long time, resulting in monitory loss to him. The Tribunal certainly has M.A.(C) No.413 of 2010 erred in not awarding any sum towards pain and suffering; special diet; attendant; and loss of income during the period of treatment. 9) The compensation of Rs.1,49,000/- 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.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,49,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe present case. 11) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,49,000/- awarded by the Tribunal. 12) Respondent No.3 the Reliance General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 13) No order as to costs. subbu Sd/- Chief Justice Sd/- R.N.Chandrakar Judge