HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 1267 of 2009 Appellant Padumraj s/o Umed Sao Tamrakar, aged about 55 years, r/o police station Gandai, tahsil Chhuikhadan, district Rajnandgaon C.G. Applicant VERSUS Respondents 1 Mahendra Prasad s/o Shri Sundar Lal Sahu, aged about 30 years, r/o village Urla, police station Pulgaon, tahsil and district Durg C.G. Non-applicant No.1 2 Shiv Kumar s/o late Shri Ram Prasad Tamrakar, aged about 43 years, r/o village and police station Gandai, tahsil Chhuikhadan, district Rajnandgaon C.G. Non-applicant No.2 3 The Oriental Insurance Company Pvt. Ltd., registered office Oriental House PV No. 7037, A-25/37 Asharaf Ali Road, New Delhi 110002, through Branch Manager, the Oriental Insurance Company Ltd, Kamthi Line, Rajnandgaon, district Rajnandgaon C.G. - Non-applicant No.3 Memo of appeal under Section 173 of IVIotor Vehicle Act Present: Shri Rakesh Pandey,counsel for the appellant. Smt. Chitra Shrivastava, counsel for respondent No.3. 1 ^. M.A.C. No.1267 of2009 ORDER (19th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Padumraj is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Khairagarh, district Rajnandgaon (for short 'the Tribunal') vide award dated 24.07.2009, passed in Claim Case No. 100/2008. 2) As against the compensation of Rs.11,35,856/- claimed by appellant/claimant Padumraj, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 27.12.2007, the Tribunal awarded a total sum ofRs.1,46.169/- as compensation to the claimant along with interest @ 7.5% 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 Oriental Insurance Company Limited, the insurer ofthe offending vehicle Bus bearing registration No. C.G.- 07/E-0438, liable to pay compensation to the claimant. 4) As the insurer of the above offending veh.icle Bus has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. 3- ,^3C3^ '.iiy^^S' M.A.C. No.1267 of2009 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.72,000/- towards loss in the future earning capacity on account of the permanent disability; Rs.61,169/- towards rriedica! expenses and conveyance; Rs.10,000/- for pain and suffering; and Rs.3,000/- for attendant and special diet. The Tribunal, thus, awarded a total sum of Rs.1,46,169/- as compensation to claimant Padumraj 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. 1,46,169/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Rakesh Pandey, learned counsel for the appellant submitted that the Tribunal has erred in awarding low sum of Rs.3,000/- only towards attendant and special diet; and in awarding low compensation of Rs. 1,46,169/- only. 7) Smt. Chitra Shrivastava, learned counsel for respondent N&.3, the Oriental Insurance Company Limited, the insurer of the offending vehicle Bus, on the other hand, supported the award and contended that the compensation of Rs.1,46,169/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Padumraj was aged about 55 years on the date of the accident. He was an agriculturist and was also carrying on transport and electronic business. The claimant sustained r LtrilJA4nfct'° > ^-"r 4 .A.C. No. 1267 of 2009 '^z fv multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses and conveyance were to the extent of Rs.61,169/- and the Tribunal has awarded the entire sum of Rs.61,169/- towards medical expenses and conveyance. 9) The Tribunal has certainly erred in awarding low sum of Rs.3,000/- only towards attendant and special diet. 10) The compensation of Rs.1,46,169/- 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. 11) Considering all the relevant aspects of the matter, we are ofthe opinion that further award of Rs-.5,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,46,169/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) 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.5,000/- (Rupees fiye thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,46,169/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Y, ..-.^-^. M.A.C.No. 1267 of 2009 ^ Rs.5,000/- (Rupees five thousand only) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge subbu