^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH ^WiHV^ CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant Claimant Respondents Misc. Appeal No. 973 of 2006 Ramesh Kumar Joshi, s/o Madiya Prasad Joshi, 19 years r/o village Matnaar, tehsil Jagdalpur, dist. Bastar C.G. VERSUS 1. Anil Kumar Saral, s/o C.L. Saral, 20 years, r/o Shikshak Niwas School, Karpawand, village Karpawand, dist. Bastar C.G. 2. Smt. Anita Saral, w/o Pyarelal Saral, 29 years, r/o village Karpawand, tehsil Jagdalpur, dist. Bastar C.G. 3. The United India Insurance Company Limited, through Branch Manager, Jagdalpur, distt. Bastar C.G. Appeal under Section 173 ofthe Motor Vehicles Act Present: Shri Prafull Bharat and Shri Keshav Dewangan, counsel for the appellant. Shri Aditya Khare, counsel for respondents No.1 & 2. Shri Dashrath Gupta, counsel for respondent No.3. ORDER (11th0ctober,2011) The following order of the Court was passed by Rajeev Gupta, C.J. e^, M.A.No. 973 of 2006 ^ This is claimant's appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Bastar at Jagdalpur (for short 'the Tribunal') vide award dated 16.12.2005, passed in Claim Case No.92/2004. 2) As against the compensation of Rs.6,34,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 09.07.2003, the Tribunal awarded a total sum of Rs.35,000/- as compensation to the claimant along with interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Ramesh Kumar Joshi sustained injuries in the motor accident on 09.07.2003; the accident occurred due to negligence ofthe claimant himselfand respondent No.1 Anil Kumar Saral who was driving the scooter at the time of the accident; the claimant and respondent No.1 were responsible for the accident to the extent of 50% each; as the scooter bearing registration No.C.G.- 19B/1117 involved in the accident though was insured on the date of the accident with the United India Insurance Company Limited but the driver was not having a valid and effective driving license, the Insurance Company was notliable to pay compensation to the claimant and the liability in that behalf was of the driver and owner of the scooter. 4) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident ''^-^ '•'i.&S^% II •f, L"^^"" 9 i ^y ^•^' '^^-^v^^:'"" M.A.No. 973 of 2006 u! h»iwfr and the amount proved to have spent on treatment, awarded Rs.50,000/- towards loss in the future earning capacity on account of the permanent disability; Rs.10,000/- towards medical expenses, attendant and special diet; and Rs.10,000/- towards pain and suffering. The Tribunal, thus, assessed a total compensation of Rs.70,000/-. As the claimant himself was found responsible for the accident to the extent of 50%, the driver and owner of the scooter were directed to pay Rs.35,000/- i.e. 50% of Rs.70,000/- as compensation to the claimant. The Tribunal further directed payment of interest on the above amount of compensation of Rs.35,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 5) Shri Prafull Bharat and Shri Keshav Dewangan, learned counsel for the appellant though did not challenge the quantum of compensation assessed by the Tribunal and the finding recorded by the Tribunal leading to exoneration of the insurer of the scooter from its liability to pay compensation to the claimant, submitted that the Tribunal has erred in holding that the claimant was also responsible for the accident to the extent of 50% and thereby reducing the amount awarded to the claimant from Rs.70,000/- to Rs.35,000/-. 6) Shri Dashrath Gupta, learned counsel for respondent No.3, the United India Insurance Company Limited, the insurer ofthe scooter, supported the award and contended that the Tribunal has rightly exonerated the insurer of the scooter from its liability to pay compensation to the claimant as the driver of the scooter was not holding a valid and effective driving license. .^.,.^. 1 mk^8^ ^•^^•'^••^^ '^ M.A.No. 973 of 2006 1 7) Shri Aditya Khare, learned counsel for respondent No.1 Anil Kumar Saral and respondent No.2 Smt. Anita Saral, scooterist and the owner of the scooter, on the other hand, submitted that in fact the claimant himself was wholly responsible for the accident. 8) Though learned counsel for the appellant have not challenged the quantum of compensation assessed by the Tribunal at Rs.70,000/- and the finding leading to the exoneration of the insurer of the scooter, for our satisfaction, we have examined the entire material available on record and we are satisfied that the compensation of Rs.70,000/- assessed by the Tribunal is just and proper compensation in the facts and circumstances of the present case; the insurer of the scooter has been rightly exonerated by the Tribunal as respondent No.1 Anil Kumar Saral who was driving the scooter at the time of the accident admittedly was not having any driving license. 9) So far as the finding about the contributory negligence is concerned, it is apparent from the documents filed by the claimant himself before the Tribunal that the scooter at the time of the accident was moving on the left side of the road and the claimant, cyclist wrongly went in that direction of the road and the unfortunate accident occurred. In the above factual scenario, we do not find any infirmity in the finding recorded by the Tribunal holding that the claimant also equally contributed to the accident. 10) For the foregoing reasons, we do not find any scope for enhancement ofthe compensation awarded by the Tribunal. ^ MANo. 973 Of 2006 /l 11) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, fails and is hereby dismissed. 12) No order as to costs. Sd/- ChiefJustice Sd/- N. K. Agarwal Judge nimmi B