HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. HON’BLE SHRI N.K. AGARWAL, J. Misc Appeal No.866 of 2006 Appellant Surya Bag, aged 9 years (minor) through Father and natural guardian Arim Bag, R/o Joratarai, PS Bhilai Bhatt’i, Tahsil & Distt Burg (CG). Claimant VERSUS Mannu Ram Sahu, s/o Jhumuk Ram Sahu, aged about 32 years, r/o Gokul Nagar, near Aalmari Factory, Raipur, PS Gudhiyari, Tah & Distt Raipur (CG) (Driver) 2 Gurucharan Singh, sio Ajeet Singh, aged 48 years, r/o Ajeet Bhawan, Choubey Colony, Raipur, PS Saraswati Nagar Raipur, Tah & Distt Raipur (CG) (Owner) Respondents 3 Orientai Insurance Co Ltd., Raipur, — Oriental insurance Co Through Malviya Nagar, Durg (CG) (insurance Company) Miscellaneous appeal under Section 173 of the Motor Vehicles Act Present : Shri Amrito Das, counsel for the appeant. ll Shri Shailendra Sharma, counsel for respondent No.3. ORDER (28m July, 2011) The following order of the Coutt was passed by Rajeev Gupta, C.J. This is claimant’s appeal for enhancement of the compensation awarded by the 9‘“ Additional Motor Accident Claims Tribunal, Durg (for short “the Tribunal’) Vide award dated 07.02.2006, passed in Claim Case No.141/2005. 2) As against the compensation of Rs.3,98,775/—; claimed by appellant/claimant Surya Bag, a minor boy aged about 9 years, by filing a claim petition through his father Arim Bag, under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 12.01.2004, the Tribunal awarded a total sum of Rs.1,84,000/— as compensation along withinterest @ 6% 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 of the offending vehicle Truck bearing registration No.CG-04G/0822, liable to pay the compensation to the claimant. 4) As the insurer of the above 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.90,000/- towards loss of future earning capacity; Rs.40,000/- towards future medical expenses including artificial Iimb; Rs.38,689.39 towards medical expenses; and Rs.15,000/— for pain and suffering. The Tribunal by rounding off the sum of Rs.1,83,689.39, awarded Rs.1,84,000/- as compensation to the claimant 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 ,84,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Amrito Das, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1 ,84,000I— only though the claimant suffered serious injuries in the motor accident resuiting in amputation of his left toe and part of sole of left foot. 7) Shri Shailendra Sharma, learned counsel for respondent No.3 the Oriental insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand contended that as the claimant on the date of the accident was not having any independent income of his own, the compensation of Rs.1 ,84,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Surya Bag was aged about 9 years on the date of the accident. He was a student of 5t“ standard. The claimant sustained multiple seribus injuries including crush injuries on his left foot is established from the evidence of AW—2 Dr. V.S. Baghel. The type of crush injuries suffered by the claimant in the motor accident would have required substantiai amount on treatment. The ciaimant, a minor boy aged about 9 years will have to suffer the amputation of his ieft toe and part of soie of his Ieft foot, physicatiy and mentally for whole of his life. 9) The Tribunal certainly has erred in not awarding any sum towards attendant, conveyance and special diet. 10) The compensation of Rs.1 ,84,000I- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 11) Considering all the relevant aspects of the matter including the age of the claimant and the serious nature of the injuries suffered by him in the motor accident, we are of the opinion that. further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation i L of Rs.1,84,000/- 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.25,000/— inclusive of interest component v on the enhanced amount of compensation in addition to the sum of Rs.1 ,84,000/"- awarded by the Tribunal.