'•ly^^^ y ^•1 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAIVI: HON'BLE SHRI RAJEEVGUPTA, C.J.& HON'BLESHRIRANGNATHCHANDRAKAR,J. Appellant Claimant Respondents Non-claimants Misc. ADpeal (C) No. 40 of 2006 i. Sourabh Kumar Gypta, aged about 21 years, S/o l-aljt Kumar Gupta, Present R/o Amanaka, Police Station - Amanaka, Raipur Tehsil & District Raipur (CG) i VERSUS v' 1. Ravi Sahu, S/o Umashankar Sahu, R/o Ganesh Market, Bazar Ward, Mahasamund Tehsil & District Mahasamund (GG) 1 2. The United Insurance Company Limited, Through Divisional Manager, Divisional Office, Kutchery Chowk, JaO Road, jRaipur, District - Raipur (CG) MSSC. APPEAL UNDER SECTION 173 OF THE IVIOTOR VEHICLESACT. 1988 Present: Shri ShiyenduPandya,counselfortheappellant. ORDER >th (18mFebruary,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shivendu Pandya, learned counsei for the appellant is heard onadmission. ^l ^ ^. ) 2) Appellant/ claimant Sourabh Kumar Gupta is seeking enhancement ofthe compensation awarded by the 13 Additiona! Motor Accident Claims Tribunai, Raipur (for short 'the Tribunal') vide awarddated 24.12.2005, passed in Claim Case No.33/2005. 3) As againstthe compensation of Rs.21,00,000/~ claimed by the appellanV claimant by filing a claim petition under Section 163-Aofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 29.09.2003, the Tribunal awarded a total sum of Rs.1,50,000/- as compensationalong with interest @ 6% per annum from the date offiiingof the claim petition till the date of actual payment. 4) ~ The Tribunal considering the number and nature of the injuries provedto have been sustained by theclaimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.1,25,000/- forthe injuries sustained bythe claimant in the motor accident; Rs.20,000/- for medial expenses; and Rs.5,000/- for pa^n and suffering. The Tribunal, thus, awarded a total sum of Rs.1,50,000/- as compensation to the claimant for the injuries sustained fc»yhim in the motor accident. 5) Shri Shivendu Pandya, learned counsel for the appellant vehemently argued thatthe Tribunal has erred in awardinglow compensation of Rs.1,50,000/- only though the appetlant/ claimant sustain^d multiple serious injuries in the motor accident. 6) Claimant Sourabh Kumar Guptawas aged about 21 years \ on the date of the accident. He wasa college going student at N_ .ri^S, iH the relevant time. Though,he ciaimed that he was earning Rs.3,000/- per month as sales representative, no reliable evidencewas led in that behalf before the Tribunal. 7) The compensation of Rs.1,50,000/- awarded by the Tribunalwhen examined in the context of the number and nature oftheinjuries proved to have been sustained by the'claimant in the motor accident and the amount proved to have been spenton treatment, we are satisfied, is just and proper compensation in the facts and circumstances of the present case. 8) We, therefore, do not find any scope fbr enhancement of the compensation awarded by the Tribunat. 9) The appeal 'filed by the appeJfant/ claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. ^nimmi \ Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge