f^ ^~ w HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. •» hflisc. Appeal No. 612 of 2005 Appellant Claimant Respondents Rajendra Singh Rajput son of Shri Narsingh Rajput, aged 28 years, r/o. Bajrang Chowk, Tikrapara, tahsil & district Raipur C.G. VERSUS Jagdish Kumar Yadav (Sajan) s/o Ramji Yadav, aged — years, r/o Kashipur, Calkatta, 24 Pargana, PS Chitrakut, other address Alamganj Bardhawan, (WB) (Driver of offending vehicle on the date of incident No.WB-03/3428) Smt Saroj Devi, 4 Chitpur, Ghatlen, Calcutta (WB) (Owner of offending vehicleon the date of incident dated 06.06.00 No. WB-03/3428) The United Insurance Company, B-1 Bilandar House Second Floor, Netaji Subhash ' Road, Calcutta (WB) 700001 (Insurer of offending vehicie No. WB-03/3428 , dated 0606.2000) (Policy No.02244 (17-300-301) 60005(03600/31/021/16/02244/1999 Certificate No.2334 period 13.08.99 to 12.08.2000) le Oriental Insurance Company Pandari Branch, Raipur (CG) Through - Divisional Manager, The Oriental Insurance Company Madina bmlding, Jail Road, Raipur (CG) Cover Note No.615695 Policy No.2006/2095 dated 24.06.99 to 23.06.2000 till date Insurance Company of vehicle No.MP-23 T-1066 of applicant. c-^ MemoofapDeal underSection 173 ofthe IVIotorVehiclesAct. Present: Shri MK Bhaduri, counsel for the appellant. Shri Pankaj Agrawal, counsel on behalf of Shri HB Agrawal, Senior Counsel for respondent No.3. Smt Chitra Shrivastava, counsel for respondent No.4. ORDER (22"dJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Rajendra Singh Rajput is seeking enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Raipur (for shori: 'the Tribunal') vide award dated 24.02.2005, passed in Claim Case No.18/2004. 2) As against the compensation of Rs.6,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.06.2000, the Tribunal awarded a total sum of Rs.40.397/- as compensation along with interest @ 4% 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 United tndia Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.WB-03/3428 liabie to pay compensation to the claimant. ^^ 4) As the insurer of the 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 been spent on treatment, awarded Rs.30,000/- towards loss in the future earning capacity on account of the permanent disability; Rs.8,395/- towards medical expenses; and Rs.2,000/- for pain and suffering. The Tribunal, thus, assessed the total compensation payable to the claimant at Rs.40,395/-. It appears that out of some mistake in sub-para 1 of para 27 of the award, the amount awarded has been mentioned as Rs.40,397/- in place of Rs.40,395/-. The Tribunal further directed payment of interest on the above amount of compensation @ 4% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri MK Bhaduri, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.40,397/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident, resulting in permanent dtsability to the extent of45%. 7) Shri Pankaj Agrawal, "fearned counsel appearing on behalf of Shri HB Agrawal, learned Senior Counsel for respondent No.3, the United india Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, contended that the ^'\ compensation of Rs.40,397/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Smt Chitra Shrivastva, learned counsel for respondent No.4, the Oriental Insurance Company Limited, the insurer of the Auto-rickshaw, which the claimant was driving, also supported the award. 9) Claimant Rajendra Singh Rajput was aged about 28 years on the date of the accident. He was Auto-rickshaw driver by occupation. The claimant sustained fractures of his Tibia and Patella bones is established from the evidence ofAW2 Dr. AA Saifi. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant on accouht of the fractures of his Tibia and Patella bones could not have performed his duties as Auto-rickshaw driver for a period of 2 - 3 months resulting in monitory loss to him. The Tribunal has erred in not awarding any sum towards loss of income during the period of treatment. 10) The compensation of Rs.40,397/- awarded by the Tribunal when examined in the context of the above mentioned broad features of th'e case, in our opinion, is somewhat on the lower side and deserves to be enhanced-suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.40,397/- 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 is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.40,397/- awarded by the Tribunal. 13) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.20,000/- before the concerning Claims Tribunal. 14) No order as to costs. — subbu Sd/- Chief Justice Judge Sd/- N.K. Agawal Judge