^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRI N.K. AGARWAL, J. <s< Appellant Claimant Respondents Non-applicants Misc. Appeal No.1268 of 2005 Aama Sahu, aged 35 years, s/o Dasha R/o Parsabhata, PS Balco Nagar, District Korba (CG) VERSUS 1. Dharam Das, s/o Dokari aged r/o village Damkhamba, OP Kartala, District Korba, CG 2. Gopal Agrawal, S/o Radheshyam, r/o Durpa road Korba District Korba (CG) (Owner) 3 The New India Insurance Company Limited, through Branch Manager, the New India Insurance Company Limited, TP Nagar, District Korba (CG) (Insurer) Appeal underSection 173 ofthe MotorVehicles Act ^. r'*< Present: Shri Abhij'eet Sarkar, counsel for the appellant. Shri Deepak Gupta, counsel for respondent No.3. ORDER »nd (22naSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. ^ISiW^ ::-y^i ^ MANo. 1268 of 2005 c < AppellanV claimant Aama Sahu is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Korba (for short 'the Tribunal') vide award dated 03.08.2005 passed in Claim Case No.223/2004. 2) As against the compensation of Rs.28,35,000/- claimed by the appellant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 21.07.2003, the Tribunal awarded a total sum of Rs.1,31,737/- as compensation along with interest @ 9% 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 beforeit held that claimant Aama Sahu sustained multiple serious injuries including fractures in the motor accident on 21.07.2003; the injuries and the fractures sustajned by the claimant in the motor accident led to amputation of his right leg below knee; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Dumper bearing registration No.C.G.-12-ZC/0136; as the above offending .yehicle Dumper on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. -@^::^ ^SiSiSil ^rS^^ 'is ^ilai M.A.NO. 1268 of 2005 c L, 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident; the fact that the injuries and the fractures sustained by the claimant in the motor accident led to amputation of his n'ght leg below knee; and the amount proved to have been spent on treatment, awarded Rs.75,000/- towards permanent disability on account of the amputation of his right leg below knee; Rs.25,000/- for the injuries sustained by the claimant in his left leg; Rs.15,000/- for loss of income during the period of treatment; Rs. 10,0007- for pain and suffering; and Rs.6,737/- for medical expenses. The Tribunal, thus, awarded a total sum of Rs.1,31,737/- as compensation to the claimant 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.1,31,737/- @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Abhijeet Sarkar, learned counsel for the appellant placing reliance on the dictum.Qf the Apex Court in the case of Nagappa Vs. Gurudayal Singh and others, reported in (2003) 2 SCC-274, submitted that the Tribunal has erred in awarding low compensation ofRs.1,31,737/-only. 7) Shri Deepak Gupta, learned counsel for respondent No.3, the New India Insurance Company Limited, the insurer of theoffending vehicle Dumper, on the other hand, supported the award and contended that the compensation of Rs. 1,31,7377- awarded by the M.A.No.1268 of 2005 < Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) TheApex Court in the case of Nagappa Vs. Gurudayal Singh and others (Supra) held total compensation of Rs.2,00,000/- as just and proper compensation in the said case where the claimant, who was an agriculturist suffered amputation of his right leg on account of the injuries sustained by him in the motor accident. 9) Claimant Aama Sahu was aged about 35 years on the date of the accident. He was a Vegetable Vendor by occupation. The claimant sustained multiple serious injuries including fractures in the motor accident which led to the amputation of his right leg below knee is borne out from the evidence available on record. The claimant would suffer physically and mentally on account of the amputation of his right leg for whole of his life. 10) The compensation of Rs.1,31,737/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case and in view of the dictum of the Apex Court in the case Nagappa Vs. Gurudayal Singh and others (Supra), in our opinion, is certainly onfhe lower side and deserves to be enhanced suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.80,000/- would make the compensation of Rs.1,31,737/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. ,p ^I M.A.No.1268 of 2005 c. "^.- 12) For the foregoing reasons, the appeal filed by the appellanV claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.80,000/- in addition to the sum of Rs.1,31,737/- awarded by the Tribunal. A further sum of Rs.5,000/- is also awarded towards quantified amount of interest on the enhanced amount of compensation of Rs.80,000/-. 13) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.85,000/- (Rs.80,000/- towards enhanced amount of compensation + Rs.5,000/- towards quantified amount of interest on the enhanced amount of compensation of Rs.80,000/-) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- N. K. Agarwal Judge padma