^ ^^ ^ <^ HIGH COURT OF CHHATT18GARH A^BI.^PUR DIVISIONBENCH CORAM: AppeUanit Claimant HON'BLE SHRI RAJEEV GUPTA, CJ & HON'BLE SHRI SUNIL KUJVIAR StNHA. J. NI.A.fCiNo. 263 of 2008 Basant Kumar S/o. Sundar Lal Chandrakar, aged about 45 years. R/o. Viliage - Jamgaon (M), Tahsil Patan, Distrtot -- Durg (C.G.) VERSUS RESPPNDENTS Ram Kumar Verma S/o. Afakh Ram Verma, aged about 48 years, R/o. Viltage Devada, P.S. Patan, Tahsil - Patan. distrtet - Durg (C.G.) (Vehicle Drivert Yogesh Kumar Sharma S/o. Late Ramesh Kumar Sharma, aged about 30 years, c/o. D.S. Katalam, Sundamagar, Raipur, Tahsil and District Raipur (C.G.) r/0. Funda, Thana and Tahsil - Patan, district - Durg (C.G.) fBus Ownerl The Oriental Insurance Co. Ltd., Insurer and DSvisional Officer Durg, Manager, The Oriental Co. Ltd., Durg, (Malviy Nagar) (Insurert Miscellaneous appeal U/S. 173 of the iVlotor Vehtele Act. 1988 Present: Shri Vivek Sharma, learned counsel for the appeilant. ORDER ith (04m March, 2008) The following order of the Court was passed by Rajeev Gupta, G.J. ^^^^ 1^^ i v': '^ Shri Vivek Sharma. learne€l counsel for the appellant is heard on I.A. No. 01 (application for condonation of delay in filing the appeal). 2. On due consideration, we are satisfied that the appellant has succeeded in showing sufficient cause for the delay in ftling the appeal. 3. Therefore, I.A. No. 01 is allowed and the delay in filing the appeal is hereby condoned. 4. Shri Vivek Sharma, leamed counsel for the appellant Ss heard on admission. 5. Appellant/claimant -Basant Kumar is seeking enhancement of the compensation awarded by the Firat Additionat Motor Accident Claims Tribunal, Durg, (for short 'the Tribunal') vide award dated 12-06-2007, passed in Claim Gase No. 60/2006. 6. As against the compensation of Rs.6,50,000/- claimed by the appellant/claimant for the injuries suffereel by him in the m<^or accident on 29-01-2006, when the Mini Bus bearing reglstration No. C.G.04, ZA-0292, in whteh he was travellmg from Durg to Raipur, met with an accident due to rash and negllgent driving of Its driver, resulting in multiple serious injuries to the occupants of the bus including the claimant, the Tribunal awarded compensation of Rs.86,425/- to claimant - Basant Kumar, along wJth Interest @ 6% per annum from the date of fiting of the claim petition tili the date of actual payment. 7. Shri Vivek Sharma, learned counse! for the appellant vehemently argued that the compensation @f Rs.86,428/- awarded by the Tribunal is too low in comparison to the serious nature of the injuries and fractures sustained by the appellanVciaimant in the accident. 8. Though the appellanVclaimant ctaimed that the injuries and fracture sustained by him in the accident resultect In permanent disabillty to the extent of 20-25%, no certificate from the Medical Board to that effect was produced before the Tribunal. In the absence of a certlficate certifying the permanent disabllity and the evidence of the doctor before the Tribunal, a claimant oannot clajm compensation for the permanent disability suffered by him. We, therefore, do not find any infirmity in the approgch of the Tribunal in not awarding compensation on the basis of the alleged permanent disability said to have been suffered by the claimant on account of the injuries sustained in the accident. 9. The Tribunal has awarded a sum of Rs.36,985/- towarcts medica! expenses after adjusting the sum of Rs.23,095/- reimbursed by the Government Department wherein the claimant was serving ; Rs.2.000/- was awarded towards atendant charges; Rs.2,000/- towards special dlet during the period of hospitalizatjon ; Rs.5,000/- for future medical expenses; Rs.30,440/- for the loss of leave of 113 days, which the clafmant was required to take during the period he remained bedridden due to the injuries and fracture suffered by him ; and Rs.10,000/- towards pain and suffering. ^ Ix 10. On due consideration @f the submissions of leamed counsel for the appellant and the reasonlng given by the Tribunal in the impugned award, we are satisfied that the compensation of Rs.86,425/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. The Tribunal has awarded reasonable amount of compensation under all the permissible heads. 11. We, therefore, do not find any ground for enhancement of the compensation awarded by the Tribunal. 12. The appeal filed by the appellant for enhancement of the compensation, therefore, is liable to be dismissed and te hereby dismissed summariiy. ——— Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu