rff'*^. f/ "a "^: ~" " ^ft ^ I! N::. ' \ '.'\ HIGH COURT OF CHHATTISGARH AT B!LASPUR SB:Hon'bleShriJustieeR.L.Jhanwar, M.A.No.803/20aB. APPELLANT RESPONDENT ChaitRam@Chaitu Versus Shekh Moin Khan andothers. ORDER For Pronouncement ofOrder ofr .04.2011 Sd/- R.L.Jhanwar Judge Bii : -.ecsl ^ ^-":^:'^ •^s^y^ VSS^J, ^--g/ HIGHCOURTOF CHHATTISGARH AT BILASPUR Sjngle Bench Appetlant Oaimant ResDondents/ Non-aDDlicants Hon'bieShri Raieshwar LaKJhanwar, J. M.A. N0.803/2004. ~ Chait Ram @ Chaitu S/o Butu Kumhar, aged about 36 years, R/o Village Kuhri, Ppost — Jalaki, Poiice Statiqn - Tumgaon, DJstt.Mahasamund, C.g. Versys 1. Shekli Moin Khan, Sto Shekh Salim Khan, aged about 22 years, R/o Near Taj Kirana Stores, Ward No; 4, Nayapara- Mghasamund Distt-Mahasamund C.G. 2. Laxminarayan Yadav, S/o Punu Ram Yadav, Aged about 25 years, R/o Kali Nagar.PandriRaipurC.G; 3. Shekh Habibuddin, S/o Shashshiddin, aged aboutSOyears. 4. Shekh Mansur Khan Slo lyiahbu Khan, Aged about 30 years, Rfe Nayapara, Ward N0.11, Mahatma Gandhi Road, Mahasamund Distt-MahaSamund C.G. 5. The Oriental Insuranee Company Limited, Kachahari Chowk, Madina Building, Raipur Distt.RaipurC.G. ADDealunderSection 173 oftheMotorVehiclesAct. 1988 Present: Shri K. K. Dewangan, eounsel fortteappellant. Shri P. Dute; cpunsel for respondent No.5. NoneforrespondentsNo.1to4. !lll ORDER (Passed on ob .0^.2011) •*' . • ! . , • ' :\ this is Glaimant's appeal for enhancement of compensation of Rs.8,650/- passed incl^RicaseNo. 19/2002 by thie 2nd Additional Motor Accidents Claims Tribunal, Mahasatnund vide order dated 23''d January, ;2004. i ",, : :1 .;. : :: ^ ['' :;:' / .. " ;1: .' " 2. As against the compensation of Rs.3^5,000/- ciaimed'bythe appeilant/claimantbyfilingaelaimpetiti6n166of]lheMotorVehiclesAct fortheinjuriessuslainedbyhiminthemotoraecic!6nton24.02.20p2,the Tribunal .awarded a total sum of Rs.8,650/- as compensation to the '.:»:;;.\. '""'•^. ^' -'~^l ..::.-..'1 K^SK.SK ::il ^ clajmant along with interest @ 9%: per annum from the date pf filing Qf claim petition till realization of actual amount. 3. TheTribunalonaclpsescrutinyQftheentire evidenceled before it, held that appellant sustaihed multiple injunes incttiding fracture in the motor accident on 24.02.2002; theaccident occurred due tp rash and negligent driving of the clriver-of the offending vehicle Metador Np. C.G. 04/8587; asthe offending vehicleon thedate ofaceidentwas insured with the Oriental Insurance Company Limited,the insyrer was liable to pay compensation to the claimah^ 4. As the respondents have ncit flled any appeal against the award, the abciyefindihgs recorded bytheTriburial have now attained finality. 5. The Tribunal considering the evidenee led by the appellant assumed that he was earning Rs.1200/- per month; taking into consideration the nature of injuries sustained by him in the motQr accident and thathewasnotabletoperformhisdutjes fora period pfthree months and assessed lossof income af Rs.3,600/- and fyrther awarded Rs.5000/- towarels'physicaland merital agpny. InSiis manner, the Tribynal awarded total compensation of Rs^,650y- after awarding amount uncter other permjSsibl^heads. 6. Shri K.K.Dewangan, learhed counsel for the appellant submitted that the Tribunal has erred jn not awarding any sum medical expenses, special diet and attendant's expenses aridconyeyance allowance. 7. On the other hand; Shri P. Dutta, learned counsel forthe insurer arguedinsupportoftheimpugnedaward. 8. Having heard rival submissions,l have perused the impugned order including record of the Tribuna]. It is clear from the evidenee ofthe appellant that he sustained injuries due to rash and negligent driving of driver ofyoffending vehicle he got injured on his leg, chest and also sustained fracture, Dr. G.L.Chandrakar has in his^evidence deposea that upon examination hefound fracture on rightthigH arid also fpund wrong joint beneath the bone of right thigh and X-ray wasadvised: His report is ex.P.7. iAlthough this witness is nat treating Doctor biiit the iearned Tribunal oughtte have seentheDisabilityCertificgteEx.F'.&iSsuedbythe Medical Board, Dist. Mahasamund, In Ex.P.8, it has been mentioned that appeliant syffered total disabiiity to the extent ef 5Q%^and t|e injury sustained by him is malaises fracture over riaht shaft femur. From the ••-^' V- evidence on record, it is alsp clear that due to injuries sustained by him in the motor accident the claimant remained in the Civil Hospital, Mahasamund, as is evident from Ex.P.9 as also from the evidence of Dr. G.L.Chandrakar A.W.2.- Defihitely, due to injuriss sustaihed by the claimant were of serious nature and he must have spent substantial amount on his treatment and due.to hospitalization he was notable to make his livelihood for a period of three months. The Tribuna! ought to have considered in awarding medjcal expenses incurred in treatment, special diet and attendant's expenses during hospitalization and also conveyance allowance; taking into consideration his nature of injuries and hospitalization. It is a matter of common knowledge that substantial amount has been spent by the appellant during the coyrse of hospitalization and for treatment. 9. On due consideration of the submissions of learned counsel for the parties and all the relevant factors including the above mentioned broad features ofthecase,! am ofthe cgnsidered opinion thatfurtheraiwardof Rs.21,000/- (Rupees twenty one thousand oniy) is awarded underthe permissibleheadsasmentiQneda6ove.ThearnountofRs.21,000/-would make the compensation of Rs.8,650/- awardedi bys tlTe Tribunal as just and proper compensatjon in the facts and circumstances of the present case. • : : ; . : ' : 10. Accordingly, the appeal filed by the appellantfor enhancement of compensation is allowed in part. The appellant/claimant is awarded further a sum 6f Rs.21 ,000/- in addition to the sum of Rs.8,650/- awarded bytheTribunal. 11. RespondentNo.5 - Oriental InsuranceCorhpany Limited isgranted three months' time for depositing the sum of Rs.21,000/- before the concerning'-Tnbunal. No oi-der as tocosts. Sd/- R.L.Jhanwar Judge