«^3 iSQg ^ ^" .^ \\ 4 HSGH COURT OF CHHATTSSGARH AT BILASPUR DJVESION BENCH CORAM: HON'BLE RAJEEV GUPTA, CJ. HON'BLE SHR! RANGNATH CHANDRAKAR, J MiscADpeaI(C)No.1411 of 2(309 <c AppeiSant C!aimant Prabhank Thakur, s/o Shri YN Thakur, aged about 33 years, r/o Shanichari Bazar, Durg District Durg, CG VERSUS Respondents 1 Non-appiicants Rakesh Shrivastava, s/o Shri Shivnarayan, Shikshak Nagar, Durg, District Durg, CG (Driver of the vehicie Minibus bearing Regd No.CG- 04/ZA/0150) Firoj Khan, s/o Ajit Khan, r/o Behind Chhotapara Masjid Raipur, District Raipur, CG (Owner of the vehicfe Minjbus bearlng Regd No.CG- 04/ZA/0150) The New India Insurance Company Ltd., Raipur, District Raipur CG (Insurer of the vehicie Minibus bearing Regd NO.CG-04/ZA/0150) MIsceilaneous Appeal under Section 173 of Motor VehlcSesAct Present : Shri Somkant Verma, counsel for the appeilant. Shri Shailendra Sharma and Shri Ashish Beck, counset for respondent No.3. QRDiR (30th August, 2011) The foltowing order of the Court was passed by Rajeev Gupta, C.J. r ?"a. ^i: /•^r^^ o^ ^:M M :;;. 1^.. ~]i /• MAC.No. 1411 of 2009 ^,, This is ctaimant's appeal for enhancement of the compensation awarded by the 7th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 24.12.2008, passed in Claim Case No.37/2008. 2) As against the compensation of Rs.22,90,000/-, claimed by the appellant/claimant, by fiiing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 26.12.2006, the Tribunal awarded a total sum of Rs.39,657/- as compensation aiong with interest @ 6% per annum from the date of filing of the claim petition tiil the date of actuai payment. 3) The Tribunal on a ciose scrutiny of the entire evidence led before it heid that daimant Prabhank Thakur sustalned multipte serious injuries in the motor accident on 26.12.2006; the acddent occurred due to rash and negligent driving of the offending vehicle iVlinibus bearing registration No.CG-04/ZA 0150; as the above offending vehicte Minibus on the date of the accident was insured with the New India Insurance Company Limited, and the Insurance Company could not estabJish any breach of the policy conditions, the Insurance Company was liabie to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunai have now attained finaiity. \. IVIAC.No. 1411 of 2009 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the ciaimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.11,250/- towards loss of income for a period of about three months; Rs.9,407/- towards medical expenses; Rs.8,000/- towards serious injuries including fractures sustained by the claimant in the motor accident; Rs.5,000/- for pain and suffering; Rs.1,000/- for conveyance; Rs.2,000/- for special diet; and Rs.3,000/- for attendant. The Tribunat, thus, awarded a tota! sum of Rs.39,657/- as compensation to the daimant 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.39,657/- @ 6% per annum from the date of fiiing of the claim petltion till the date ofactuai payment. 6) Shri Somkant Verma, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.39,657/- only, though the appeltant/cEaimant sustained multipie serious injuries inctuding fractures of his right Tibia and Fibula bones in the motor acddent. 7) Shri Shailendra Sharma and Shri Ashish Beck, tearned counsel for respondent No.3 the New India Jnsurance Company, the insurer of offending vehicte Minibus, on the other hand supported the award and contended that the compensation of Rs.39,657/- awarded by the Tribunai is just and proper compensation in the facts and circumstances of the present case. M.A.C.No. 1411 of 2009 8) CIaimant Prabhank Thakur was aged about 35 years on the date of the accident. He was an Advocate by profession. The claimant sustained muitipie serious injuries including fractures of his right Tibia and Fibuia bones in the motor accident is established from the evidence of AW/2 Dr Akhilesh Yadav and AW/3 Dr S Rajasekhar. !t is a matter of common knowiedge that substantiai amount is required to be spent on the treatment of fractures. The ciaimant, being an Advocate, on account of the fractures of his right Tibia and Fibula bones coutd not have attended his cases in the Court for a period of 4-6 months resulting in monitory loss to him. 9) The Tribunal has certainly erred in awarding tow sum of Rs.3,000/-; Rs.2,000/-; and Rs.1,000/- towards attendant, special diet and conveyance. 10) The compensation of Rs.39,657/- awarded by the Tribunai, when examined in the context of the above mentioned broad features of the case, in our opinion, is on the lower side and deserves to be enhanced suitably. 11) Considering all the reievant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation wouEd make the compensation of Rs.39,657/- 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/ciaimant for enhancement of the compensation, therefore, is aitowed in part. The daimant is r MAC.No. 1411 of 2009 ^z., awarded further sum of Rs.21 ,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.39,657/- awarded by the Tribunal. 13) Respondent No.3 the New tndia Insurance Company is granted three months' time for depositing the total sum of Rs.21,000/- before the concerning Claims Tribunal. 14) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge padma