HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. IVIisc. Appeal (C) No. 605 of2010 Respondents Non-claimants Appellant : Rajkumar Miri, S/o Ghansiram Miri, aged about 28 years, Occupation - Laboyrer, R/o Village Dumaha, Post Bhandarpuri, Police Station Palari, District Raipur (C.G.). VERSUS 1. Uttam Sahu, S.o Sudarshan Sahu, aged about 32 years, Occupation Driver, R/o Village Rajasewai, Police Station Pithora, District Mahasamund (C.G.). (Driver of the vehicle Maruti Swift bearing registration No.RJ- 14CC/9997) 2. Dr. Sanjay Prabhune, S/o Shashikumar Prabhune, aged about 42 years, R/o Rawanbhata, Pithora, Police Station Pithora, District Raipur (C.G.). (Registered owner of the vehicle Maruti Swift bearing registration NO.RJ-14CC/9997) 3. The Bajaj Allianz General Insurance Company Limited, through Branch Manager, Branch Office, Shiv Mohan Bhawan, Vidhan Sabha Road, Pandri, Raipur Tahsil & District Raipur (G.G.). (Insurer of the vehicle Maruti Swift bearing registration No.RJ- 14CC/9997) Appeal under Sectjon 173 of the IVIotor Vehicle Act Present: Shri Shivendu Pandya, counsel for the appellant. Shri S.S. Rajput and Shri Anant Bajpai, counsel for respondent No.3. r" ^ ORDER (21st July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Rajkumar Miri is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short 'the Tribunal') vide award dated 01.05.2009, passed in Claim Case No. 173/2008. 2) As against the compensation of Rs.8,00,000/- claimed by the appellant/claimant, byfiling a claim petition under Section 166 of fhe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 12.07.2008, the Tribuhal awarded a total sum of Rs.41,500/- 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 Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Maruti Swift bearing registration No.R.J.-14 CC-9997 liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Maruti Swift 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 been spent on Y, ^^-'•'•^^.^f treatment, awarded Rs.26,500/- towards medical expenses; Rs. 10,000 towards pain and suffering; and Rs.5,000/- for loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.41,500/- as compensation to the daimant 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.41,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shivendu Pandya, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards special diet; attendant; and conveyance; and in awarding low compensation of Rs.41,500/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident, resulting in disability. 7) Shri S.S. Rajput and Shri Anant Bajpai, learned counsel for respondent No.3, the Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Maruti Swift, on the other hand, contended that as the disability said to have been suffered by the claimant in the motor accident was of temporary nature, the compensation of Rs.41,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation \p the facts and circumstances ^ ¥ n of the case. It should neither be a meager amount of compensation, nor a Bonanza. 9) Now we shall examine as to whether the compensation of Rs.41,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Claimant Rajkumar Miri was aged about 28 years on the date of the accident. He was labour by occupation. There is sufficient material available on record that the claimant suffered fractures of his left tibia and fibula bones in the motor accident. It is a matter of common knowledge that substantial amount is required to be spent on the treatment offractures. The claimant, being a labour, on account of the fractures of his left tibia and fibula bones could not have performed his duties as labour for a period of 2 - 3 months resulting in monitory loss to him. 11) The Tribunal certainly has erred in not awarding any sum towards special diet, attendant, and conveyance. 12) The compensation of Rs.41,500/-.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. 13) 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.41,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. ^@^- 14) The appeal filed by the appellant/ daimant 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.41,500/- awarded by the Tribunal. 15) Respondent No.3 the Bajaj Allianz Insurance Company Limited is granted three month's' time for depositing the total sum ofRs.25,000/- before the concerning Claims Tribunal. 16) No order as^to_costs. Sd/- Chief Justice subbu Sd/- R-N.Chandrakar Judge