HIGH COURT OF CHHATTISGARH AT BILASPUR DLVISIQN BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Appellant Claimant Respondents Misc Appeal (0 No.337 of 2011 Ishwari Yadu, aged about 35 years, s/o Shri Juglal Yadu, r/o Vill - Ghumka, PS Ghumka, Distt Rajanandgaon (CG) VERSUS <> 1 Rakesh Dubey, aged about 28 years, s/o Styadev Dubey, R/o Vill - Ghumka, PS Ghumka, Distt Rajnandgaon (CG) 2 Yuvraj @ Anil Rajpoot, aged about 25 years, s/o Kum^r Singh Rajpoot, r/o Vill Ghumka,y,PS Ghumka, Distt Rajnandgaon (CG) 3 The Oriental Insurance Company Limited, Oriental House A - 25/27 AasafAli Road, New Delhi Through The Branch Manager, Oriental Insurance Company Limited, near Railway Station, Rajnandgaon (CG) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present Shri Rakesh Thakur, counsel for the appellant. Shri SP Sahu, counsel on behalf of Shri KN Chaturvedi, counsel for respondent No.3. ORDER ?th (26lnSeptember,2011) The following order pf the Court was passed by {Rajeev Gupta, C.J. ^ .^ %^,. '^y ^^?3A^" MACNo.337of2011 ^r Appellant/claimant Ishwari Yadu is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 01.10.2010, passed in Claim Case No.146/2009. 2) As against the compensation of Rs.18,85,000/-, 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 25.01.2009, the Tribunal awarded a total sum of Rs.99,500/- 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 Motorcycle bearing registration No.CG 08 J 1047 liable to pay the compensation to the claimant. 4) As the insurer of the above offending Motorcycle has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal cohsidering th^ number and nature of the injuries proved to have been sustained by the claimant in the motor accident and the amount proved to have been spent on treatment, awarded Rs.81,000/- towards permanent disability; Rs.10,000/- for medical expenses; Rs.2,500/- for pain and suffering; Rs.2,000/- for special diet; Rs.2,000/- fpr attendant and Rs.2,000/- for -' conveyance. The Tribunal, thus, awarded a total sum of Rs.99,500/- as compensation to fhe claimant for the injuries ^'^^^^^^, ftsEBfel'J MACNo.337of2011 sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.99.500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Rakesh Thakur, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.99,500/- only, though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri SP Sahu, learned counsel appearing on behalf of Shri KN Chaturvedi, learned counsel for respondent No.3 the Oriental Insurance Company Limited, the insurer of the offending Motorcycle on the other hand supported the award and contended that the compensation of Rs.99,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Ishwari Yadu was aged about 35 years on the date of the accident. He was a cattle grazier by occupation. The claimant sustained multiple serious.injuries including fractures of his right Tibia and Fibula bones in the motor accident 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, on account of the fractures of . his right Tibia and Fibula bones, could not have pursued his ' occupation of cattle grazing for a period of 3-4 months resulting in monitory loss to him. •.^^•^'^^..^ \ ^"-.,A. "^'\ '"; i! MACNo.337of2011 .^^. 9) The Tribunal has erred in not awarding any sum towards loss of income during the period of treatment and in awarding low sum of Rs.2,500/-, Rs.2,000/-, Rs.2,000/- and Rs.2,000/- for pain and suffering, special diet, attendant and conveyance. 10) The compensation of Rs.99,500/- 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.21,000/- inclusive of interest component on the enhanced amount of cQmpensation would make the compensation of Rs.99,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.99,500/- awarded by the Tribunal, 13) Respondent No.3 the Oriental Insurance Company is granted three months' time for depositing the total sum of Rs.21,000/- before the concerning Claims Tribunal. 14) No order as to costs. ^ Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge padma