HIGH COURTOFJIHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, ^ Misc. Appeal (0 No. 854 of 2009 Appellant : Satya Kumar Harivyasi s/o Baldev Claimant Das Harivyasi, aged about 38 years, R/l Housing Board colony, Kamla college Road, near Parmar S.T.D., Rajnandgaon, P.S. Basantpur, tahsil and district Rajnandgaon C.G. VERSUS Respondents Driver Yogeshwar Prasad s/o late Chaitram Dewangan, aged about 31 year,s r/o bajrangpur, Nawagaon, Ward No.1, Police Chowki-Chikhali, P.S. Kotwali, Rajnandgaon, tahsil & district Rajnandgaon C.G. Owner 2. Ghanshyam Dewangan s/o late Chaitram Dewangan, aged about 40 years, r/o Bajrangpur, Nawagaon, Ward No.1, Police Chowki Chikhali, P.S. Kotwali, Rajnandgaon, tahsil & district Rajnandgaon C.G. Insurer 3. Bajaj Allianz General Insurance Company Limited, through Manager, Mohan Bhawan, Vidhan Sabha Road, Pandri, Raipur, tahsil & district Raipur C.G. IVIiemo of appeal under Section 173 of IVIotor Vehicle Act Present: Shri P.R. Patankar, counsel for the appellant. Shri Rakesh Thakur, counsel for respondents No.1 &2. Shri Abhishek Sinha, counsel for respondent No.3. K M.A.C.No. 854 of 2009 ORDER >th (09InDecember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ daimant Satya Kumar Harivyasi, is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short, 'the Tribunal') vide award dated 28.03.2009, passed in Claim Case No.23of2008. 2) As against the compensation of Rs. 18,75,0007- 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 16.02.2008, the Tribunal awarded a total sum of Rs.2,72.440/- as compensation along with interest @ 7% 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 that claimant Satya Kumar Harivyasi sustained multiple serious injuries in the motor accident on 16.02.2008; the accident occurred due to rash and negligent driving ofthe driver of the offending vehicle Tempo bearing registration No. C.G. 08/ZA- 6046; as the above offending vehicle Tempo on the date of the accident was insured with the Bajaj Allianz General 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. BW]-~^r ^ AC. No. 854 of 2009 4) The insurer of the above offending vehicle Tempo filed an appeal (M.A.C. No. 994/2009) against the impugned award which was allowed by the High Court vide order dated 15.06.2010 whereby the insurer of the offending vehicle Tempo was exonerated from its liability to pay compensation to the claimant and the owner and driver of the offending vehicle Tempo were held liable to pay compensation to the claimant. 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.2,14,439/- towards medical expenses; Rs.50,000/- towards permanent disability; Rs.2,000/- for pain and suffering; Rs.2,000/- for special diet; Rs.2,000/- for attendant; and Rs.2,000/- for conveyance. The Tribunal, thus, assessed the total compensation at Rs.2,72,439/- which was rounded off to Rs.2,72,440/- and was awarded to the claimant as compensation 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.2,72,440/- @ 7% per annum from the date of filing of the claim petition till the date of actual. payment. 6) Shri P.R. Patankar, learned counsel for the appellant vehemently argued that the Tribunat has erred in awarding low compensation of Rs.2,72,440/- only, though the appellant/ claimant on account of the injuries sustained by him in the motor accident is finding it difficult to peri'orm his duties as Shiksha Karmi Grade-1. '^ MAC.No. 854 of 2009 7) Shri Abhishek Sinha, learned counsel for respondent No.3, the Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Tempo submitted that the Tribunal has wrongly held the insurer of the Tempo liable and as such the High Court in the appeal of the insurer has rightly exonerated the insurance company from its liability to pay compensation to the claimant. 8) Shri Rakesh Thakur, learned counsel for respondents No.1 and 2, on the other hand, submitted that the claimant in his evidence before the Tribunal categorically admitted that he is still working as Shiksha Karmi Grade-1 and as such it is apparent that the injuries sustained by him in the motor accident and the resultant permanent disability have not at all adversely affected his future earning capacity. 9) As the insurer of the offending vehicle Tempo has already been exonerated by the High Court vide order dated 15.06.2010 passed in their appeal - M.A.C. No. 994/2009, we are now not required to examine that part of the award. 1.0) 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 in the facts and circumstances of the case. It should neither be a meager amount of compensation, nora Bonanza. 11) Now we shall examine as to whether the compensation of Rs.2,72,440/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. .issswr. . v-''~^,i»> 'SS^s'.S 'vees) .A.C.No. 854 of 2009 ^A 12) Claimant Satya Kumar Harivyasi was aged about 38 years on the date of the accident. He was in the government service as Shiksha Karmi Grade-1. The daimant did not produce any document before the Tribunal neither stated so in his statement that, on account of the injuries sustained by him in the motor accident he has been terminated from the service. On the contrary, in the affidavit produced by him before the Tribunal and in paras 14 and 15 of his cross-examination he has categorically admitted that he was still working as Shiksha Karmi. Thus, it is apparent that the injuries sustained by him in the motor accident have not adversely affected his future earning capacity at all. 13) The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.2,14,439/- and the Tribunal has awarded this entire amount of Rs.2,14,439/- towards the medical expenses. 14) The other sums awarded by the Tribunal under other permissible conventional heads also, in our opinion, are just and proper. 15) The compensation of Rs.2,72,440/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, we are satisfied, is just and proper compensation in the facts and circumstances of the present case and does not call for any enhancement in this appeal. 16) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the 't ^ ^o AC.No. 854 of 2009 appellanV claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 17) No order as to costs. Sd/- ChiefJustsce Sd/- Kangaath Chandrakar Judge subbu f-c