%1 ^ HiGH COURT OF CHHATTSSGARH AT BILASPUR HON'BLE RAJEEV GUPTA, CJ. & HON'BLE SHR! SUNIL KUMAR SSNHA, J. APPELLANT IVEIsc. (Cl No. 457 of Bheju Ram Sinha, S/o Aanand Ram Sinha aged about 40 years, Caste Sinha, R/o Deendayai Nggar, Tahsil - Kurud, Distt. Dhamtari (C.G.) RESPONDENTS Versus 1. Arun Kumar S/o Chinta Ram Sahu aged about 40 years, R/o Viilage - Bendra, Thana Abhanpur, Distt. - Ralpur (C.G.) 2. Smt. Sheela Tiwari, W/o Rakesh Tiwari, Caste - Bramhin, R/o Abhanpur Maln Road, Thana ~ Abhanpur, Raipur (C.G.) 3. Nationa! insurancs Co. Ltd. G.E. Road, Mobin Mohal, Tehsii & Distt. Raipur(C.G.) Under 173 ofthe IVIotor Prssent: Shri Vivek Sharma, learned counse! for the appeilant. O^RDER ith The following order of the Court was passed by Gupta, C.J. £ UL Shri Vivek Sharma, learned counsel for the appdlant is heard on I.A. No. 01 (appljcation for condonatlon of deiay in fiiing the appeal). 2. On due consideration, we are satlsfied that theappeliant has succeeded in showing sufficient cause for the delay in fiilng the appeai. 3. Therefore, I.A. No. 01 is allowed and the delay in flllng the appeal is hereby condoned. 4. Shri Vivek Sharma, learned counsei for the appellant is hsard on admisslon. 5. Appeilant - Bheju Ram Sinha, is seeking enhancement of the compensation awarded by the Additlonal Motor Acddent Ciaims Tribunal, Dhamtari, (for short 'the Tribunal'), vide award dated 04-12-2007, passed In C!aim Case No. 19/2006. 6. Appellant / Clalrnant - Bheju Ram Slnha, claimed compensation of Rs.10,01,000/- by fiiing a daim petition under Section 166 of the Motor Vehicles Act (for short !the Act') for the injuries sustalned by hlm in the motor accident on 28-09-2005, v^hen his blcycie was dashed by the offending vehicie - Metador bearlng Registration No. CG-04-J-0906, resuEting in multiple serious injuries to the claimant incEuding fracture of his !eft clavlcEe bone. The clalmant further pieaded that he spent substantial amount on his treatment and on account of the perirmnent disabslity to the extent of 30% resulting from the 0 injuries sustained by hsm in the motor accident, he has been rendered unfit to pursue his occupation as vegetable vendor. 7. The owner and drlver of the offending vehicle - Metador dld not contest the claim and were proceeded ex-parte before the Tribunal. The insurer of the offending vehide -- Metador contested the claEm and denied its iiabllity to pay compensation to the claimant on the plea that the drlver of the Metador was not holding a vaSld driving llcence and the Metador was being plied in breach ofthe policy conditions. 8. The Tribunal on a close scrutiny of the evidence !ed before iS held that cialmant - Bheju Ram Sinha sustained injuries including fracture of his left clavicle bone in the motor accldent on 28-09-2005; the acddent occurred due to rash and negiigent drivlng of the driver of the offending vehicie - Metador; and as the offendlng vehlcie - Metador was insured on the date of the accident with the Nationa! Insurance Company Limited, the Insurance Company was iiable to pay compensation to the cialmant. 9. Consldering the number and nature of the Injuries sustained by the claimant In the rnotor accident and the amount proved to have been spent on his treatment, the Tribunal awarded a sum of Rs.5,000/- towards medical expenses, specia! dlet, attendant and transportatlon; Rs.5,000/- for Soss of income during the period the claimant couid not pursue his occupation on account of the Injuries sustained by him in the motor accldent; iii-ij -1 ^ Rs.5,000/- towards paln and suffering; and Rs.20,000/- towards joss of future earning capacity. The Tribunal thus awarded a totaE sum of Rs.35,000/- as compensatlon to the daimant along wlth the interest @6% per annum from the date of flling of the ciaim petitlon tlil the date ofactuai payment. 10. Shri Vlvek Sharma, iearned counsei for the appellant vehementiy argued that the compensation of Rs.35,000/- awarded by the Tribunal is meager amount of compensatlon when compared with the of earnlng capacity of the appeilant on account of the permanent disabltlty to the extent of 30% sustained by hlm on account of the injuries in the motor accident. 11. Ciaimant -" Bheju Ram Sinha was a vegetabfe vendor. The doctor has certified the permanent disabiilty to the extent of 30% resulting from the injuries and fracture of left ciavic!e bone. The extent of permanent disabllity certified by the doctor to the extent of 30% is oniy in regard to the ciaimant's ieft hand and not of his entire body. Thus, It cannot be accepted that on account of the permanent disabllity to the extent of 30% of the appeilant's ieft hand he has been rendered unfit to pursue his occupatlon as vegetable vendor. 12. The compensation of Rs.35,000/- awarded by the Tribuna! when examlned 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. subbu? 13. We, therefore, do not flnd any scope for enhancement of the compensation awarded by the Tribunal. 14. The appeal, therefore, is liable to be dismlssed and is hereby dismlssed summarily. Sd/- Chicf Justice Sd/- Sunil Kumar Sinha Judge