^< HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (Cl No. 1547 of2009 Appellant CIaimant Respondents Non-Claimants Shyam Sundar Tandon, s/o Hiralal Tondan, aged about 42 years, r/o Police Quarter, Near Police Station, Kharora, Police Station - Kharora, Tahsil - Kharora, District Raipur (CG) VERSUS Ravi Prakash Gandhi, S/o YS Gandhi, aged about 26 years, r/o Near Vivekanand English School, Shanti Vihar Colony, Raiupur Tahsil & District - Raipur (CG) (Driver and registered owner of vehicle Santro Car bearing registration No.CG-06/2751) The Bajaj Allianz General Insurance Company Limited, GE Plaza, Air Port Road,Pune-411 006(MS) Through Branch Manager, Branch Office, Shiv Mohan Bhawan, Vidhan Sabha Road, Pandari, Raipur, Police Station - Mowa, Tahsil & District - Raipur (Insurer of vehicle Santro Car bearing registration No.CG-06/2751) Misc. Appeal under Section 173 ofthe Motor Vehicle Act. Present: Shri Shivendu Pandya, counsel for the appellant. Shri Prabhat Tiwari, counsel for respondent No.1. Shri SS Rajput and Ms Renu Singh, counsel for respondent No.2. ORDER ^th (19t"September,2011) I <%SliS^ ^ ^^1^^ I. «. . J ..f '\:s-y ^?s^:" M.A.C.No.1547 of 2009 The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Shyam Sundar Tandon is seeking enhancement of the compensation awarded by the 8th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 26.12.2008, passed in Claim Case No.11/2008. 2) As against the compensation of Rs. 18,93,0007- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 29.05.2007, the Tribunal awarded a total sum of Rs.1,38,200/- as compensation along with interest @ 7.5% 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 Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Santro Car bearing registration No.C.G.-06/2751, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Santro Car 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.47,000/- towards medical expenses; Rs.41,200/- towards loss of leave/ loss of income during the M.A.C.No.1547 of 2009 period of treatment; Rs.20,000/- towards inconvenience caused to the claimant on account of the permanent disability; Rs.15,000/- towards conveyance; Rs.10,000/- for pain and suffering; and Rs.5,000/- for special diet. The Tribunal, thus, awarded a total sum of Rs.1,38,200/- 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.1,38,200/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Shivendu Pandya, learned counsel for the appellant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.1,38,200/- only, though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri S.S. Rajput and Ms. Renu Singh, learned counsel for respondent No.2, Bajaj Allianz General Insurance Company Limited, the insurer of the offending vehicle Santro Car, on the other hand, supported the award and contended that the compensation of Rs.1,38,200/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Shri Prabhat Tiwari, learned counsel for respondent No.1 Ravi Prakash Gandhi, the owner-cum-driver of the offending vehicle Santro Car, also supported the award. -'T^ 4 M.A.C.No.1547 of 2009 9) In a motor accident claim case what is important is that the compensation to be awarded by the Courts/Tribunal should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation nor a bonanza. 10) Now, we shall examine as to whether the compensation of Rs.1,38,200/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 11) Claimant Shyam Sundar Tandon was agedabout 42 years on the date of the accident. He was working as Head Constable in the Police Force and was posted at Police Station Kharora, district Raipur at the relevant time. The claimant admitted before the Tribunal thatinspite ofthe injuries and fractures sustained by him in the motor accident he was getting the same salary which he was getting as Head Constable prior to the accident. No material was placed before the Tribunal to establish that the claimant was denied any promotion which was due on account of the injuries and fractures sustained by him in the motor accident. The bills and vouchers produced by the claimant before the Tribunal in regard to the medical expenses were to the extent of Rs.1,33,000/- and it was not in dispute that of the above medical expenses Rs.86,000/- were reimbursed by the employer of the claimant i.e. State Government. The Tribunal, as such, awarded the balance amount of Rs.47,000/- towards medical expenses. 12) On due consideration of the submissions of learned counsel for the parties and the above mentioned broad features M.A.C.No.1547 of 2009 of the case, we are satisfied that the compensation of Rs.1,38,200/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 13) As we do not find any scope for enhancement of the compensation awarded by the Tribunal, the appeal filed by the appellant/ claimant for enhancement of the compensation is liable to be dismissed and is hereby dismissed. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu