H ;" s'4^ •^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH HON'BLE SHRI RAJEEV QUPTA, C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. Misc. Appeal No. 205 of 2003 Appellant Ciaimant Ku Anita Sahu, D/o Gulapiram Sahu, Aged 11 years, minor Guardian - Gulapiram S/o Kriparam Sahu, R/o Vilage Sirri, Tahsil Kurud, Distt Dhamtari (CG) it-lSEi! VERSUS Respondents Non-applicants i.isfef? Harnath, S/o Amarnath Thakur, Aged 30 years, R/o Tikrapara, Raipur, Distl Raipur (CG) (Driver of Vehicle Metador - 407 No.MP 23D/6151) Lalmani Jaiswal, S/o Shri Durga Prasad Jaiswai, Aged 40 years, R/o Laxminagar, Pachpedinaka, Raipur, Distt Raipur (CG) (Registered Owner of Vehicle Metador - 407 No.MP 23D/6151) The New India Insurance Co. Raipur Vikas Pradhikaran Market, Raipur (CG) (Insurer of Vehicle Metador No.MP 23D/6151) 407 Miscellaneous Apoeal under Section 173 of Motor Vehicle Act Present : Shri YC Sharma and Shri Vivek Rathore, counsel for the appellant. ^ \\ \;\. \' None for respondents No.1 and 2. Shri Prashant Jayaswat, Senior Advocate with Shri Neeraj Pradhan, counsel for respondent No.3. ORDER >th (38m November, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Appeltanyclaimant Ku Anita Sahu is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vlde award dated 24.12.2002, passed in Claim Case No.209/2002. 2) As against the compensation of Rs.6,75,00(y-, claimed by ttie appellant/claimant, by filing a claim petition under Sectton 166 of the Motor Vehicles Act through her father Gulapiram Sahu, for the injuries sustained by her in the motor accident on 18.10.2301, the Tribuna! awarded a total sum of Rs.28,000/- as compensation along with interest @ 7.5% per annum from the date of the filing of the claim petition tili the date of actual payment. 3) The Tribunai on a thorough consideration of the number and nature of the injuries proved to have been sustained by claimant Ku Anita Sahu in the motor accident; and the amount proved to have been sp'ent on treatment, awarded Rs.14,758/- towards medical experises; Rs.12,000/- on account of the permanent disability to the extent of 20% and Rs.1,242/- towards pain and suffering. The Tribunal, thus, awarded a total sum of Rs.28,000/- ^ *? 'lii :sa as compensation to the claimant. The Tribunat further directed payment of interest on the above amount of compensation of Rs.28,030/- @ 7.5% per annum from the date of the filing of the claim petition till the date of actual payment. 4) Shri YC Sharma'and Shri Vivek Rathore, leamed counsel for the appellant submitted that the Tribunal has erred in awarding tow compensation of Rs.28,000/- only. 5) Shri Prashant Jayaswal, learned Senior Counsel and Shri Neeraj Pradhan, iearned counsel for respondent No.3 the New India Insurance Company Limited on the other hand supported the award and contended that the compensation of Rs.28,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances ofthe present case. 6) Claimant Ku Anita Sahu was aged about 10 years on the date of the accident. From the evidence available on record it Is established that on account of the injuries sustained by her in the motor accident, the toe and two fingers of her right foot were amputated resulting in permanent disability. It is a matter of common knowledge that substantial amount is required to be spent on treatment of the fractures. 7) The compensation of Rs.28,000/- 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 to some extent. ^ \\1\\ \\ . \\ @) 4 ^^:.^s% |l|» 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.12,000/- inctusive of interest component on the enhanced amount of compensation would make the compensatlon of Rs.28,000/- awarded by the Tribunal as just and proper compensatiori in the facts and circumstances of the present case. 9) The appeal filed by the appellant/claimant for enhancement ofthe compensation, therefore,. isallowed in part. The claimant is awarded further sum of Rs.12,000/- inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.28,000/- awarded bythe Tribunal. 10) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing thetotal sum of Rs.12,000/- before the concerning Claims Tribunal. 11) No order as to costs. —^- -\ . Sd/- Suni! K-iimar Sinha Sd/- Chief Justice Judge Dadma