HIGH COURT OF CHHATTISGARH AT BILASPUR Comm : Hon’ble Shti Sunil Kumar Sinha and Hon’ble Shri Rajeshwar La] Jhanwar, JJ. Misce. Appeal No.871[2003 Appearance: Shn' vmod Tekam, counse1 for the appenant. None for respondents No. 1 and 2. Shri Sanjay Kumar Agrawal and Shri Sudeep Agxawal, counsel for respondent No.3. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT APPELLANT/ Ku. Godawari D/o Shri Ram aged Applicant about 14 'years, Minor (through — Father — Guardian Ad—Litem- Shri Ram), s/o Jiva Rakhan Lal, Caste~ Halba R/O village Pinakapar, Tchsil Daundi Lohara, District ‘ Durg (CG) Versus RESPONDENTS 1. Santosh Kumar s/o Budharru (Non—Applicant No. 1) Ram aged about 22 years, R/o village Kolihapuri, P.S. Dongargarh (Chichela) District Rajnandgaon (CG) (Dn'ver of the Vehicle) Non Applicant No.2 2. Ram Kumar Sahu, s/o Madho R/o Tendunala, RS. Chichola Distiict Rajnandgaon (CG) (Owner of the vehicle) Non Applicant No.3 3‘ National Insurance Company Limited, Thmugh Its Divisional Manager, Divisional 0&ce- Aakash Ganga Supela, Bhilai, Tehsil and Dishict Durg (CG) 2 MA 871/2003 ORAL ORDER (13.09.2010) Per Sunil Kuma: Sinha, J. 1. The appallant/claimant has filed this appeal for enhancement of compensation awarded in C1aim Case No.83/2001 by the Additional Motor Accident Claims Tribunal, Balod, District Durg vide award dated 15.3.2003. Claimant Godawari, a girl aged about 14 years, met with a motor accident on 7.5.2001 when she was dashed by Mini Bus No. MP 24C/2957 on account of rash and negligent driving of the said Bus by its Driver. She filed a Claim Petition, claiming compensation of Rs.13,70,000/-. The Tribunal, on a close scrutiny of evidence led before it, held that Godawari sustained fracture in her pelvis bone and there was a fractme on her right femur bone. She also sustained injuries in her private parts, on account of which, she lost command on urination. The Tribunal, therefore, held that she was entitled to get compensation of Rs.25,000/ — on account of injuries sustained by her. Apart mm the above, the Tribunal allowed all the medical bills nled by the claimant and a sum of Rs.43,974/- was allowed for medical expenses. The Tribunal, thus, awarded a total sum of Rs.68,974/— to the claimant for the injuries sustained by her in the motor accident. The Tribunal also awarded interest @ 7% per annum from the date of filing of the claim petition till realization. .3. Shri Vinod ’I‘ekam, learned counsel appearing on behalf of the appellant/ claimant argued that the Tribunal has not awarded any amount towards pain and sun‘ering, 3 MA 871/2003 special diet and conveyance, Whereas, it comes in the evidence of father of the claimant that the claimant was treated at different places and she suh‘ered a lot on account of above injuries sustained by her. 4. On ’the other hand, Shri Sanjay Knmar A‘grawal and Shri Sudeep Agrawal, learned counsel appearing on behalf of the Insurance Company/respondent No.3 ‘ opposed these arguments and supported the award passed by the Claims Tribunal. 5. We have heard learned counsel for the parties at length and have also perused the record of the Claim Case. It comes in the evidence of father of the claimant that the claimant was treated for a Very long time in Chandulal Chandrakar Memorial Hospital and also in Kurud Hospital. She was admitted in Chandulal Chandrakar Memorial‘Hospital for about 8~9 days and thereafter, the treatment continued in Kurud Hospital. The treatment was continued for a period of 5-7 months in the Kurud Hospital. 7. In the facts and circumstances of the case, in the opinion of this Court, the Tribunal certainly erred in law in not awarding any amount towaids pain and suh‘en'ng to the claimant and also towards conveyance and special diet. 8. After going through the entire material available before us regarding treatment of the claimantk we deem it appropriate to allOw a further sum of Rs.36,026/— inclusive of interest component as the enhanced 4 MA 871/2003 amount of compensation to the claimant, so that the total amount of compensation now comes Rs.1,05,000/‘. to The appeal filed by the appellant] claimant therefore, is allowed in part. It is directed ‘that the appellant/claimant shall receive a further sum of Rs.36,026/- as theenhanced amount of compensation over and above the amount of Rs.68,974/- awarded by the Claims Tribunal. This amount of Rs.36,026/ ~ is the amount inclusive of interest component. < :_ 10. Respondent No.3] National Insurance Company Limited is granted three months time to deposit the said amount of Rs.36,026/ - with the concerning Claims Tribunal. ' No order as to costs. , i :v' ’ Sd/- Sdl- ‘. R.L.Jhanwar . sumta ‘ SuniIKumaVSinhar ‘2 W Jogger. Judge VX/VV .