^x HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. IVIisc. Appeal (C) No. 898 of 2009 Appellant Claimant ResRondents Non-applicants Human Lal Jangade, aged 35 years, s/o Suklal Jangade, r/o village Umaria, P.S. Mandir Hasaud, district Raipur C.G. VERSUS Rajkumar Sao s/o Ramchandra Sao, r/o village Chandori, P.S. Tisari, district Giridih (Jharkhand) Dilip Jain s/o Mangi Lal Jain, r/o ward No.1, Shankar Nagar, Mahasamund. The Orienta! Insurance Company Limited, through Divisional Manager, D.O.-1, Jaii Road, Raipur, district RaipurC.G. Memo of apReal under Section 173 of IVIotor Vehicle Act Present: Shri Amiyakant Tiwari, counsel for the appeilant. Shri Abhishek Sinha and Shri Varun Dubey, counsel forrespondent No.3. ORDER >th (28InSeptember,2011) f-t The following order of the Court was passed by Rajeev Gupta, C.J. 3 'li5Bss!& I "^ ^ "%&..,sy M.A.C.NO. 898 of 2009 Appellant/ claimant Human La! Jangade is seeking enhancement of the compensation awarded by the Third Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 28.02.2009, passed in Claim Case No.09/2008. 2) As against the compensation of Rs.9,29,618/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 02.03.2008, the Tribunal awarded a total sum of Rs.1,76.244/- as compensation 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 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck bearing registration No.C.G.04 J/5544, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by theclaimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.1,68,244/- towards mediGal expenses; Rs.5,000/- towards fracture in his left hand; Rs.2,000/- for loss of income during the period oftreatment; and Rs.1,000/- for special s Ap M.A.C.No. 898 of 2009 diet. The Tribunal, thus, awarded a total sum of Rs.1,76,244/- 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.1,76.244/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Amiyakant Tiwari, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.1,76.244/- only though the appellant/ claimant sustained multiple serious injuries including fracture in his left hand in the motor accident. 7) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.1,76.244/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Human Lal Jangade was aged about 35 years on 'the date of the accident. He was Mason by occupation. The claimant sustained multiple serious injuries including fracture in his left hand is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being a Mason by occupation, could not have performed his duties as Mason on account of the fracture in his left hand for a period of about 3-4 months, resulting in monetary loss. 'v MAC.No. 898 of 2009 ^ 9) The Tribunal certainly has erred in not awarding any sum towards pain and suffering; conveyance; and attendant; and in awarding low sum of Rs.2,000/- towards loss of income during the period of treatment and Rs.1,000/- towards special diet. 10) The compensation of Rs.1,76.244/- 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 suitably. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,76,244/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe presentcase. 12) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.25,000/- inclusive of interest component on the enhanced amount of compensation in dddition to the sum of Rs.1,76,244/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.25,000/- before the concerning Claims Tribunal. 14) No order as to costs. _ Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge subbu