^;?-:'^;F:";^^'^^;<^^^^^ ^;^^:^::^^^|.ss^^':^^'5w;.;SKS;.@ 'v. •V s"9WSr IN TH^HIGH COURT OF CHHATT1SGARH AT BILASPUR M.A. No. <^^ /2004 APPELLANT CLA1MANT DevsharanYadav, S/o. Lalai Ram C-y Yadav, aged about 36 years, Occupation Agriculture sc Business, R/o. Village ]amdei, P.S. ]aynagar, Tahsil Surajpur, Distt. Surguja (C.G.). VERSUS RESPONDENTS NON-APPLICANTS Devprasad, S/o. Gopinath, Caste - Gond, aged about 28 years, Occupation Driver, R/o. Nawapara, ^N^^Ambikapur, Post, P.S. S Tahsil ^, ^/y~ '^y.'''.'•'" yp" ,"<y/:'.<<<-<'<> . •' Ambikapur, Distt. Surguja (C.G.). ~>^w/^ •-^•^y ^ (DRIVER) < .^^ ^> ^<^> ^' 2./ Harpal Singh Babra, S/o. Tejpal Singh > Babra, aged about 27 years, Owner R/o. Namnakala, Ambikapur, P.S. St Tahsil Ambikapur, Distt. Surguja (C.G.). (OWNER) t< APPEAL U/S 1 73 OF M.V.ACT FOR THE ENHANCEMENT Appeal Valued in sum of Rs. Court fee paid Rs. Claimed in Claims Tribunal in sum of Rs. 1,00,000/- ^ 15 only.1. ^. ^ 7,00,000/- 11. Amount awarded by the Tribuntil in sum of Rs. 2,000/- ^ ''L^. FB"' f ,»y fflGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'ble Shri Prashant Kumar Mishra M. A. No. 564/2004 APPELLANT RESPONDENTS Devsharan Yadav Versus Devprasad and another Appearance^ Shri Ashok Kumar Shukla, counsel with Shri Atanu Ghosh, counsel for the appellant. APPEAL U/S 173 OF MOTOR VEHICLES ACT ORAL ORDER (16.07.2010) The claimant has preferred this appeal under Section 173 ofthe Motor Vehicles Act for enhancement of the amount ofcompensation ofRs.2000/- awarded by the tribunal. (2) Leamed counsel for the appellant submits that in view of the document, Annexure A-4, it was proved that the appellant had received injuries on his left shoulder, left hand, left leg, nose and ribs, therefore, the claims tribunal committed the error of law by not awarding adequate compensation to the appellant. (3) On perusal ofthe record, it would appear that the claimant has not submitted any bills or treatment slip to prove his treatinent and admission in the hospital. (4) In Annexure A-4, it is mentioned that the appellant suffered ahrasion on left shoulder and left hand and complained ofpain on the p,,^,»)tejtJB "'g^'^^"' ^l^'ii]^ |J^, knee joint and right side ofthe nose and an abrasion was also found on the left cheek. (5) Thus, the injuries are simple and leamed tribunal has not committed any error in disbelieving the exaggerated stetement made by the appellant that he was under treatment in hospital for several weeks. (6) The amount awarded by fhe tribunal appears to be just and proper keeping in view the simple injuries suffered by him. (7) The appellant has failed to make any ground for enhancement in the amount ofcompensation. (8) The appeal fails and is hereby dismissed. _ —- 1 Sd/- | prashairtKfflnar^ Judge il^teE-iS "'"" 'i"^:iii .'jp