HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Non-applicants (Driver) (Owner) (Insurer) Misc. Appeal No. 1152 of 2004 Nand Kumar Sahu s/o Takuram Sahu aged about 17 years minor through natural guardian Takuram Sahu s/o Punarama Sahu r/o Kanharpuri tahsil and distt. Rajnandgaon. VERSUS 1. Shatruhan s/o Nandlal Ramteke aged about 26 years, r/o Mohala Tahsil Mohala, distt. Rajnandgaon. 2. Ishwarlal s/o late Rajuram Taram aged about 26 years r/o Manatola tahsil Mohala distt. Rajnandgaon (Owner) 3. The Oriental Insurance Company Limited through Branch Manager Branch Office distt. Rajnandgaon. Appeal under Secti&n 173 of the Motor Vehicles Act Present: Shri Anand Shukla, counsel for the appellant. Shri Shailendra Strarma, counsel for respondent No.3. ORDER >th (17InNovember,2011) ^.^' ^.<<-< I.A.No. 1152of 2004 -11 f' The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Nand Kumar Sahu is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 13.08.2004, passed in Claim Case No.157/2001. 2) As against- the compensation of Rs.8,77,500/- claimed by appeIlanVclaimant Nand KumarSahu, byfiling aclaim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 08.02.2001, the Tribunal awarded a total sumof Rs.30,000/- ascompensation to the claimant along with interest @ 6% per annum from the date of filing of the elaim 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 Mini-truck bearing registration No. M.P.29/B- 0125, liabte to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Mini-truck has not filedany appeal against the impugned award challenging the above finding recorded bythe Tribunal, thesame now hasattained finality. 5) The Tribunal considering the number and nature of the jnjuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatmenf awarded Rs.25,000/- towards permanent disability; Rs.3,000/- for pain and &uffering; Rs.1,000/- for medical expenses; Rs.500/- for damage to ^ ^SB^E ^c '-teSi ^' '^" M.A.No. 1152of 2004 :!:!1 ^!ii;l:' the claimant's cycle; and Rs.500/- for loss of income during the period of treatment. The Tribunal, thus, awarded a total sum. of Rs.30,000/- 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.30,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Anand Shukla, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.30,000/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Shailendra Sharma, learned counsel for respondent No.3, the Oriental Insurance Company Limited, the insurer ofthe offending vehicle Mini-truck, on the other hand, supported the award and contended that the compensation of Rs.30,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Nand Kumar Sahu was aged about 17 years only on the date of the accident. It appears that the claimant was not having any definite and regular in&ome of his own. The claimant sustained multiple serious injuries including fractures in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that .substantial amount is required to be spent on the treatment of fractures. The clalmant on account of the fractures sustained by him in the motor accident must have rem'ained bedridden for a period of about 3-4 months. ^•^ ^ M.A. No. 1152 of 2004 9) The Tribunal has certainly erred in awarding only Rs.500/- and Rs.3,000/- towards loss of income during the period of treatment and pain and suffering. 10) The compensation of Rs.30,000/- 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 suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.30,000/- 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 furthersum of Rs.11,000/- (Rupees eleven thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.30,000/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three, months' time for depositing the total sum of Rs.11,000/- (Rupees eleven thousand on!y) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- - <,ChiefJiistice?' Sd/- N.K. Agrawal Jud2e Inimmi '—'-'^-'aWuy-S