v/1 IN THE HIGH COURT OF 3UDICATURE CHHATTISGARH V4:;^ / ATBILASPUR (^^ M.A.rci No. lo^ /2oo9 nivlslon Bandi APPELLANT ^ ,/ Girish Kumar Sahu S/o. Bishram Sahu, (Claimant),\^'^(.'1'' about 22 years, Occupation Labour, R/o. Afc'--v"'' ^'" <2..^::''i.\^'-"' ...- Village Mokhala, Tahsil and.District - ^' ..-•''' -^ ;"'J%N"''/' Rajnandgaon (Chhattisgarh) ^^y RESPONDENTS ^Nbn applicants) VERSUS (1), Ram Krishna @ Ram Kisan Sahu, / Son of Hiru Ram Sahu, aged about 21 years (Driver), R/o. Village Sulsuli, P.S. Devri, District - Durg (C.G.) Dilip Sinha, Son of Danau Ram Sinha, aged about 40 years,(Vehicle Owner), R/o. Bhandera, Tahsil Daundi Lohara, District Durg (C.G.) Ifco Tokiyo General Insurance Co. Ltd., Gurgaon, Through The Branch Manager, 3rd Floor, 345-347 Lalganga Shoping Mal, G.E.Road, Raipur (C.G.) ^ Appeal Under Section 173 of the Motor Vehicle Act 1988 ^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Respondents (Non-applicants) Misc. Appeal (Cl No. 1046 of2009 Appellant : Girish Kumar Sahu, s/o Bishram Claimant Sahu, about 22 years, occupation Labour, r/o. village Mokhala, tahsil and district Rajnandgaon (Chhattisgarh) VERSUS 1. Ram Krishna @ Ram Kisan Sahu, sonof Hiru Ram Sahu, aged about 21 years, (Driver), R/o village Sulsuli, P.S. Devri, district Durg C.G. 2. Dilip Sinha, son of Danau Ram Sinha, aged about 40 years, (Vehicle Owner), r/o. Bhandera, Tahsil Daundi Lohara, district Durg C.G. 3. Ifco Tokiyo General Insurance Co. Ltd., Gurgaon, through the Branch Manager, 3rd Floor, 345-347 Lalganga Shopping Mal, G.E. Road, Raipur C.G. Appeal under Section 173 of the Motor Vehicle Act Present: Shri V.K. Sharma, counsel for the appellant. Shri Vijay Deshmukh, counsel for respondent No.2. Shri Yashwant Singh Thakurand Shri VikrantSingh, counsel for respondentNo.3. ORDER (29th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. sssss^S£Ss^i^i^»esss^!^^^s. ^^^^w-^^ Misc. Appeal (C) No. 1046/2009 Appellant/daimant Girish Kumar Sahu is seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Rajnandgaon (for short 'the Tribunal') vide award dated 30.04.2009, passed in Claim Case No.82/2007. 2) As against the compensation of Rs.6,88,000/- claimed by the appelfant/daimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuriessustained by him in the motor accident on 27.04.2007, the Tribunal awarded a total sum of Rs.65,950/- as compensation along with interest @ 7% 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 Ifco Tokiyo General Insurance Company Limited, the insurer of the offending vehicle Minidoor bearing registration No.C.G.07-C/6147, liable to pay compensation tothe claimant. 4) As the insurer of the above offending vehicle Minidoor has not filed any appeal challenging the above finding recorded by the Tribunal, the same now hasattained finality. 5) The Tribunal considering thenumberand 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.35,000/- towards permanent disability; Rs.24,130/- towards medical expenses; Rs.4,800/- towards loss of income during the period of treatment; and Rs.2,000/- for conVeyance. The Tribunal, thus, awarded a total sum of Misc. Appeal (C) No. 1046/2009 Rs.65,950/- 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.65,950/- @ 7% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri V.K. Sharma, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards pain and suffering, special diet and attendant; in awarding low sum of Rs.4,800/- towards loss of income during the period of treatment; and in awarding low compensation of Rs.65,950/- only though the appellant/ claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Yashwant Singh Thakur and Shri Vikrant Singh, learned counsel for respondent No.3 the Ifco Tokiyo General Insurance Company Limited, insurer of the offending vehicle Minidoor.on the other hand, suppprted the award and contended that the compensation of Rs.65,950/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) ShriVijay Deshmukh, learned counsel for respondent No.2 Dilip Sinha, the owner of the offending vehicle Minidoor, also supported the award. 9) Claimant Girish Kumar Sahu was aged about 22 years on the date of the accident. He is a labour by occupation. The claimant sustained multiple serious injuries including fractures of his left tibia and fibula bones in the motor accident is established ((SS^-.^^^i- Misc. Appeal (C) No. 1046/2009 io •"'^. from the evidence of AW-2 Dr. Prakash Bhalerao. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, being a labour, on account of the fractures of his left tibia and fibula bones could not have performed his duties as labour for a period of 2-3 months, resulting in monitory loss to him. The sum of Rs.4,800/- awarded by the Tribunal under this head is certainly on the lower side. The Tribunal apparently has fallen into error in not awarding any sum towards pain and suffering, special diet and attendant. 10) The compensation of Rs.65,950/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is 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.65,950/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 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 addition to the sum of Rs.65,950/- awarded by the Tribunal. ]Mnr'w:-'- 1!t^. ^"^a^^'na's^'y^"^ lS-S3-SEBSCSt: m!l ^^i^-.^ Misc. Appeal (C) No.1046/2009 13) Respondent No.3 the Ifco Tokiyo General 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/- Chief Justice Sd/- Rangnath Chandrakar Judge subbu ywwsiswe!^^ -JB