% HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLESHRIRAJEEVGUPTA.C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellant Claimant Misc. Appeal No.817 of 2004 Vijay Kumar Sharma, aged about 29 years, S/o Sri Shiv Kumar Sharma, R/o tmali Bhatha, Mahasamund, Teh & Distt Mahasamund CG ri! i Versus Respondents 1 Bhushan Lal Sahu, aged about 22 years, S/o Shri Feruram Sahu, R/o Bhathapara, Tumgaon, The & Distt Mahasamund CG 2 Branch Manager, The New Indla Insurance Company Limited Branch No.1 Second floor, RVP Bhawan, Bajrang Market, GE Road, Raipur, Teh & Distt Raipur CG Misc. Appeal under Section 173 ofthe Motor Vehicle Act Present : Shri Kishore Bhaduri and Shri Pawan Kesharwani, counsel for the appellant. Shri Saurabh Sharma and Shri AL Singraul, eounsel forrespondent No.2. QRDER >th (20mJanuary,2011) The following order of the Court was pas^d by Rajeev Gupta, C.J. Appellant Vijay Kumar Sharma is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunat, Mahasamund (for short 'the Tribunal') vide award dated 27.02.2004, passed in Claim Case No.4/20TO. 2) As against the compensation of Rs.18,77,382/-, claimed by appellanVclaimant Vijay Kumar Sharma by flling a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 09.07.2002 the Tribunal awarded a total sum of Rs.1,12,4007- as compensation along wlth interest @ 9% per annum from the date offiling ofthe 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 Vijay Kumar Sharma sustained multiple serious injuries including Injury on his right eye in the motor accident on 09.07.2002; the clalmant, who was driving the motorcycte bearing registration No.CG-06/1752 and the motorcycllst of the other motorcycle bearing registration No.CG-06/6904 equally contributed to the accident; as the motorcycle bearing registration No.CG-06/1752 on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach ofthe policy conditions, the Insurance Company was liable to pay 50% of the compensation assessed by the Tribunal. 4) The Tribunal consldering the number and nature of the injuries sustained by the claimant in the motor accident and the amount proved to have been spent on his treatment, assessed the /ys''- \. iJ::!teiB ^ 1 ;l!'i..: ^'l- '""•• ijli ...^.-f (rT) total compensation at Rs.2,24,795/-. As the claimant hlmsetf was found to be contributed to the accident to the extent of 50%, the Tribunal held the claimant entitled to receive only 50% of the amountof compensation assessed i.e.Rs.2,24,795/-. The Tribunal, thus, awarded a total sum of Rs.1,12,400/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.1,12,400/- @ 9% per annum from the date of flling of the claim petition till the date of actual payment. 5) Shri Kishore Bhaduri and Shri Pawan Kesharwani, learned counsel for the appellant vehemently argued that the Tribunal has erredin hotding that claimant Vijay KumarSharma also equally contributed to the accident; and in awarding low compensation of Rs.1,12,400/-only. 6) Shri Saurabh Sharma andShri AL Singraul, learned counsel for respondent No.2 the New India Insurance Company Limited on the other hand supported the award and contended that the Tribunal has rightly held that the claimant himself also contrlbuted to the accident and the compensation of Rs.1,12,400/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) So far as the flnding recorded by the Tribunal that claimant Vijay Kunwr Sharma also equally contributed to the accident, on a perusal of paras 13 and 14 of the impugned award and the evidence available on record and the fact that both the motorcyclists sustained injuries in the accident and that claimant --t'iC^a^usadtB.ua ,.--::fl;'l(( '• \ ;%?;-'^ i ••^w/ padma Vijay Kumar Sharma is also being prosecuted by the Police on the report ofthe other motorcyclist respondent No.1 Bhushan Lal Sahu, we do not find any infirmity in the above finding recorded by the Tribunal holding that claimant Vijay Kumar Sharma also equally contributed to the accident. 8) The assessment of total compensation by the Tribunal at Rs.2,24,795/- also, in our opinion, does not catl for any interference as the Tribunal has awarded a reasonable amount under all the permissible heads. 9) For the foregoing reasons, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 10) The appeal flled by the appellant/claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed. 115 No order as to costs. sd/- Chief Justfce Sd/- SunU Kumar Sinha Judge r1"