A^' 'x^. ''^?.. //^^^ l^sy^'j! "f^.. ^''isf.-y A^ '\'^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (0 No.840 of 2009 Appellant Claimant Bhishm Kumar Chandra, s/o Laluram Chandra, Caste - Chanranahu, aged about 36 years, occupation - former Sainik and director of security guard, R/o village - Sangitrai Tah & Distt Raigarh (CG) Respondents Non-applicants VERSUS Balak Sai, s/o Shri Mangal Sai, Caste - Uraon, aged about 47 years, occupation - Driver in CSEB Pathalgaon, distt Jashpur (CG) Assistant Engineer, Through STRE (Chhattisgarh Electricity Board, Ambikapur (owner of the vehicle) The New India Insurance Company Ltd., Bhilai Distt Durg, Branch Office, Sattigudi Chowk, Raigarh, Tah & Distt Raigarh (CG) Miscellaneous Appeal under Section 173 of Motor Vehicles Act Present : Shri MK Sinha, counsel for the appellant. Shri Saurabh Sharma, counsel for respondent No.3. ORDER ith (13tnJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. AppellanV claimant Bhishm Kumar Chandra is seeking enhancement of the compensation awarded by the First Additional Motor Accident Claims Tribunal, Raigarh (for short 'the Tribunal') vide award dated 03.02.2009, passed in Claim Case No.61/2007. 2) As against the compensation of Rs.46,92,800/-, 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 accidenton 18.04.2)06, the Tribunal awarded a total sum of Rs.11,0007- 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 New India Insurance Company Limited, the insurer of the offending vehicle Mini-truck bearing registration No.MP-27-0030 liable to pay compensation to the ctaimant. 4) As the respondents have not flled any appeal against the award, the above finding recorded by the Tribunal has now attained finality. 5)" The Tribunal considering the 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.10,0007- towards medical expenses. By awarding further sum of Rs.3,000/- towards pain and suffering, the Tribunal assessed the total compensation payable to the claimant at Rs.13,000/-. The Tribunal, however, deducted a sum of Rs.2,000/- from the above amount of Rs.13,000/- by holding that as the . k "- claimant was carrying two other passengere on the motorcycle as pillion riders and as such a sum of Rs.11,00)/- only was awarded 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.11.000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri MK Sinha, learned counsel for the appellant submitted that the Tribunal has erred in deducting the sum of Rs.2,(XX)/- without framing any issue and recording a finding about contributory negligence; and in awarding low compensation of Rs.11,000/-only. 7) Shri Saurabh Sharma, learned counset for respondent No.3 the New India Insurance Company Limited on the other hand contended that as the claimant did not sustain any fracture in the motor accident, the compensation of Rs.11,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Bhishm Kumar Chandra was aged about 36 years on the date of the accident. He sustained as many as six external injuries in the motor accident is established from the evidence of AW/1 Dr AS Thakur. It is a different matter that on X-ray examination, no fracture was found by the doctor and as such the injuries sustained by the claimant in the motor accident remained simpte in nature. :-)< '^. 9) The Tribunal certainly has erred in deducting Rs.2,000/- from the assessed compensation of RsTi3,000/- on the ground that the claimant was carrying two other passengers as pillion riders on the motorcycte. From the impugned award we neither find any issue framed by the Tribunal in regard to the contributory negligence of the claimant nor any finding has been recorded to that effect. 10) Considering all the relevant aspects of the matter including the above mentioned broad features of the case, we are of the opinion that further award of Rs.5,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.11,000/- awarded by the Tribunat as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeal filed by the appellant/claimant for enhancement of the compensation, is allowed in part. The claimant is awarded further sum of Rs.5,000/- inclusive of interest component in addition to the sum of Rs.11,000/- awarded by the Tribunal. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositihg the total sum of Rs.5,000/- before the concerning Ctaims Tribunat. 13) No order as to costs. ___ Sd/- Chief Justice Sd/- Rangnath Chandrakar Judge padma