WGH COURT OF GHHA?TESG RH A? BELASPUR ENESEQN BENEk‘E CGRAM: HCN BLt $HR! RAJEEV GUPTA {3.5 H$N’BLE SHR! SUML KUMAR SSNHA J Misc, i'myea No:3?6 6f ZWE Gavatri Devi Yadav Wd/o Jatiram YacE'av, aged about 45 years! Rm Ward No6 Nayapara, Mahasamund, Tahsh and District Mahasamund (CG) Appeiiam Ciaant ‘- VE§$U$ JcgeShwar Prasad Guma, aged —- 24 yrs, S/o PP Gupta Occupaticn -— Eriver, R/e Sundar nagai, Raipur‘ Tah & Dist Raipur (CG) 2 Ravmdi’a: Pra$ad Gupm, Ric 84 Trimur’rhi chowk, Sunda nagar, Raipur, Tah & Dist Raipur (CG) 3. The New india Immance Co. Ltd., Through ihe divisional manager, Divi$ionai officé, Kutchhery chow/k! Raipur, Tah 8: Dist Raipur (CG) a Ei£g$pm¥dants Nan—apmicants Misc iappegii undesr Sectimz W3 9i Meter \mhicies Aci, 1%3 Pi’esen'i : Shri $0 Verma, counsei fer ihe appeiiani. Nene for respondenis NO 1 & 2 though served. Sni‘ri Daaarath Guptai, cou'nsei for respondent N03. .p ORDER 425‘“ March, 2am The feliowing order of the Ceurt was paseed by Rajeev Guiana, CJ‘ This is ciaimant’s appeai far enhancement 0f compensation awarded by ihe $econd Additionai Motor Accident Ciaims Tribunai, im . Redp‘ur (for-smart ‘the Tribunai’) vide award dated 05.08.2002, pas$ed in cEaim case No.188 0f 2001. 2. i A5 again$t the compensation of Rs.6,56,000/v ciaimed by "ihe oiaimant; by filing a slaim petiiion under Section 166 of the i Motjar Vehicle Act, for the injuries Sustained by him in the meior i accident eh 30.09.1998, the Tribunal awarded a ietai sum of l Re.§35,QOO/- as compensation along with interest @ 6% per annum i - ireih the date of filing of the claim petition iii! the daie of aotuai payment. l ,. a. l The Tribunal on a close scmiiny of the entire evidence led before it, held the? claimant Jatiram Yadev sustained muitiple serious injuries in lhe motor accident on 30,09.1998; the injuries fractures sustained by the claimant in the motor accident aria {85 he r ; the accident occurred due to rash and negligent driving of theldriver ot’ the offending vehicle Metador; as the offending vehicle l Met‘ador on the date ot‘ the accident Was insured with the New indie . l lnetzrance Company Limited, the insurance Company was liable to eay compensation to the claimant. 4. As the respondents have not hied any appeai against the award, the above findings recorded by the Tribunal have now attained tinaiityi 5. 1 The Tribunai considering the number and nature of the tnju‘ries proved to have been sustained by the claimant in the motor accident and the resuitant permanent disabiiity to the extent of 50% of his left hand and the amount spent on his treatment. awarded a l i l JV l l tilted l in permanent dieability to the extent of 50% of his left i sum 0f R$.30,DOOI- towards less of fuiure earning capacity; am Rs.5,CIOG/- iowards medical experwses and convey/ae. The ’ w iT sAO yébLmaE, thug, awarded a tetal sum of R35,OO/- as Catn t f d ompensio £0 he ckaimant. The Tribuna! wtheir irected payment of interest @ 6% per nnum from the date 0f filing of the ctaim titten ti” the date of acme: payment, on the above amount t pe w eompensation of Rs.35,000I’—, 6. hri SC Verma; teamed counsel for the appellant submitted S ht the Tribunal has erred in awarding low compensation of ta l t Rs.35,GOOI- only, though, the olaimant sustained permanen disability to the extent of 50%. ?. Shri Daearath Gupta, learned counsel for responent No.3 l he tndia lneunce Company Limited on the other hand supported the award and contended that the Tribunal s been ha quite liberal in awardng substantial amount of Rs.35,0G0/- as i compensation . l 8. Claimant Jatiram Yadav wee aged about 50 — 55 ears. on y l t da of the accident. He used to earn his livelihood as a olie. he te co The Tribunai has found tt the injuries and fractures sustained by i ha the claimnt n the motor accident resuited permanent disability l o m i a i in i ‘ to the extent of 50% f his ieft hand. it is a matter of comon i knowledge that substantial amount is required to be spent on the ‘ treatment of fracture. i 9. The compensation or“ Rs.35,000/—’awar.ded by the Tribunal i hen examined in the‘context of the above mentioned broad i 7 i i i 5 a l d l [T New ra l i l l ;feature3 of the case, in our winim, is 0n the lower side and deserveg to be emhanced suitamy. im. Cangidsring an the reievani aspec€s of the matter, we are 0f ithe Damien that, further award 0f Rs.15,000i— inclusive of imerasi ‘ t ‘ §companent an the enhamed ammmt of compensamn would make ithe cmmaeasatEon of Rs.35,000/— awarcied by the Tribuna£ as §ust {and proper compensation in the faois and oiroumséances of tho present oose. 11f The amoeai fired by the appeHantfciaimant for enhancement iof the compensation, €herefore, is eilowed in part. The claimant is iawarded further sum of Rs.15,UOO/—, inciueive'of interest ' component on the enhanced amount of compensation, in addition to the som of Rs.85,{300!» awarded by the Tribunai. f 12A espondent i No3 The New india insurance Company Limiteo is granted three months’ time for depositing the total sum of , Rs.i5,000/- before the concerning Claims Tribunal. { /"i , 13, ’.'/ No order as to costs. / ,JW y;; —/" Sdl- Kumar Sinha 1 Sun“ Sd/_ Judge W CHIEF JUSTICE