\§$ x?\ex\ ‘ b i‘éE ““f. CGQRT $F QHHA??§$GARH I}: $R§J§$PER inwmnce wemd fmm 05.36.2Q”’%c $4.062GQ? . WEMQRgQNiEUM $§ $§E3E§=RL §§§$ER $E'ST16N ‘Wi’i 0%: M€§§®R VE§€§$LE i3g$§2 €$3$ Eigg ENHIKNSEMENT G? TH§ AWARQ Pregeni: : Snri SK. Guha, coLm$el for {he app$§Eant Mane far respondents N01 and 2 though served. Shri AK. Aihaiey, counsel for responder}? NQ.3. 0mm (”k-E“ January; mm) The fallowing 0mm 0f the Cam was passed by Rggwv Qapwy CJ. This i5 ciaimané’s appeai for enhancemem of th% csmpengaiion awarijed by Sgcand Additisnai Motor Accidents W EWESMEN E§ENCF§ §QRAW §%Q§\£“ELE MRS WKJEEU GUPTA, Q}. H€3N58LE SHRE SIENR. KuMAR $EN§€A .i leiiQ Ne. “§‘§$ mi 2&62 £§me§§m§ Keshav Ram, S/o Kejauram Sainami, agimam: Aged 4Q yearS, Occupaticn ~ Masan Rwwent cf Viikage ~ Gujaz’a, Paiioe Staticm m Mandir Hascud. Déstrict — Raipur (£33.) @EQfwE; Riiggmédéma Ehaikh Akhtar @ Niicédu, 8/0 Shaikh Quazi, Aged 30 years. Resident of m Behind New Bharat PreSa‘ Moudhapara, Raipur ((3.6). Magid Khan S/o Amjad Khaa Regidem 0f _ Behind Nav Bharat Pmsa, Raimr {CG}. The CrEerEtaE insurance Compaiwy LémEed‘ Thmugh ~ Dix/igionak Manager, Divésbn Office, Katchury Chawk, Jai£ Road, Raipur (9(3) \x '3( Egims Tribunaé, Raipur (for short The TribunaV} vide award dated Q9.1 ’E .2G9’i, I3a5$ec§ in C!&im Case No. 97/2QD1. 2) As againsi the compensaiien at" Rs..9,0G,DGO/. ciaimed by the aggpaiiamidaimam, by filing a cla§m pe£iii0n under Secticn 166$ / ihe Motor Vehicies Act for the injwies sust&ined by him in the mate? accidant cm 15312001, the Tribunai awarded a ‘tmai sum 0f 5i$.5£~3,486f~ as campensaticn amng with intares’i @ 9% per annum fremihe dais of fii'mg er“ The Claim peiition ‘iili the date 9f mtuai mymemi. 3} Tha Tribune} awarded a eum of Rs.6€3,900f« towards i088 of fume eaming capacity resulting from the permaneni disabiiiw euf‘ered by the egpeEanH claimant to the extent at 25% on acceunt 0f the inturtee Sustained tn the meter accident; and Re.6,477/- towat'de medicat expenses. The Tribunat, theretete, munding 0ft I.the amaumt 0t R3.68;477!- t0 RS.§6,480/— awarded as eampensetterl ta the ctaiments. 4) $hr§ S4; Guha, teamed counset for the appellant sutSmltted that the Tribunal has erred in not awarding any sum towards loss of income duririg the period the claimant coulo not attend to his duties as Mason on account of the Injuries sustained in the motor aooident; towards sain and suffering; towards special diet, attendant anti conveyance; and in awarding tow compensation of Rs.68,48G/— only. 5 Shri hK. Athaiey, learned oounsei for respondent No.3 ~ The Orientai insurance Company Limited, on the other hand, supported the award and contended that the compensation or“ Rs.66,480/~ f Lu awarded by the Tribunal is just and proper campemsatEon in the C‘J EzSQ. 8) On due con$ideration of the submissians 0f learned cmmsei for éhe pames thaugh we are satisfied that tha ameunt awardeqr by / / “me ‘Fribunai towards medicai expemes and ie$s of future earning capacity are just and preper and d0 not cal! for any enhancemen’r in iriie appeai‘ The Tribunai certainiy has erred in not awarding any ameunt towards ioss of income eui‘fered by {he claimant during the period oi his ireaitmeni; pain and euffering; epeoiai diet; attendanr; and oonveyanoe. ?) in our considered opinion, further award of iumousum of Ra.2®,60(§/- inoiusive of inieree't component on the enhanced amount of compensation wouid meet the ends of juatioe and wouid make the amount of compensation just and proper in the facts and circumstances of the present ease a) For the foregoing reasons, the appeai fiied by the appeiiantl oiaimant for enhancement of the compensation is atiowed‘in part. in addftion to the compensation of Re.66,480/~, the appeiiant is awarded further sum of Re20,QOO/~ inoiusive of interest component towards pain and Suffering; toss of income during the neriod of his treatment; eoeoiai diet; attendant; and conveyance. g) Respondent No.3 The Oriental insurance Company Limited is granted three months’ time for depositing the totai sum of Re.20,0GD/-before the concerning Ciaime Tribunal. J/li e \WN ; t7 ’C) No order a3 to ooets. ,m" l Sd/- Sdl- 1 Sunil Kumar Sinha Chief Justice Judge l