HIGH COURT OF CHHATTISGARH. BILASPUR CORAM: HON'BLE SHRI SUNIL KUMAR SINHA & HON'BLE SHRI RANGNATH CHANDRAKAR. J J. Misc. Appeal (Cl No. 286 of 2010 h^l«' •L APPELLANT Mitooram, aged about 45 years, s/o. Shri Kartikaram Sahu, r/o. village Amlidih, Thana Kijrud, District Dhamtari (CG). Vs RESPONDENTS 1. Kuldeep Sahu, s/o. Chandrasen Sahu, about 34 years, r/o. Sakin Village Erra, Thana Bhakhara, Distt. Dhamtari (CG). 2. Chandrika Prasad, s/o. Jhaduram Sahu, about 48 years, r/o. village Sourabandha, ThanaBhakhara, Dist. Dhamtari (CG). 3. The New India Insurance Company Limited, Branch Office Second Floor, R.D.A. Building Raipur (CG). (Appeal under Section 173 ofthe MotorVehicles Act, 1988) Appearance: Mr. Akhilesh Kumar, Advocate for the appellant. Mr. Deepak Gupta, Advocate for respondent No.3. Following order Sunil Kumar Sinha. J. ORDER (19-1-2011) of the Court was passed by 1. The appellant/claimant has filed this appeal for enhancement of compensation awarded in Claim Case No. 3/2009 by Additional Motor Accident Claims Tribunal (FTC) Dhamtari, District Dhamtari (CG) vide award dated 04-09-2009. -l%... '"c^ ^^ss^^ h^i^ ^: hN»n» 2. The appellanVclaimant filed a claim petition under Section 166 of the Motor Vehicles Act, claiming compensation of Rs. 3,95,0007- for the injuries sustained by him in the motor accident. The appellant pleaded that he was a Carpenter, on account of the accident he sustained fracture on his right radius bone, he was hospitalized from 9-8-2008 to 15-8-2008 and thereafter he had gone to the Doctors for follow up treatment in between 17-8-2008 and 1-12-2008. 3. The Tribunal, on a close scrutiny of the evidence led before it awarded Rs. 24,968/- towards medical expenses; Rs.12,000/- for loss of earning; Rs. 400/- for repair ofthe bicycle; Rs. 5,000/- for conveyance; Rs.5,000/- towards pain and suffering and Rs.1,000/- for special diet to the appellant, The Tribunal, thus, awarded a total sum of Rs.48,386/- as compensation to the appellant for the injuries sustained by him in the motor accident on 9-8-2008. The Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 4. Mr. Akhilesh Kumar, learned counsel appearing on behalf of the appellant argued that the Tribunal has not awarded any amount for the attendant and it has also awarded a low amount towards pain and suffering to the appellant. He prayed for suitable enhancement in the amount of compensation awarded to the appellant. 5. On the other hand, Mr. Deepak Gupta, learnedcounsel appearing for the Insurance Company/respondent No.3 opposed these .1 'tfiiti 1 '&. ^,.// arguments and supported the award passed by the Claims Tribunal. 6. We have heard learned counsel for the parties at length and also perused the records ofthe miscellaneous appeal. 7. The appellant was a Carpenter. He was traveling on his bicycle when the accident took place on 9-8-2008. It is an admitted position that the appellant was hospitalized from 9-8-2008 to 15-8- 2008 as he sustained fracture on his right radius bone. The Tribunal also held that for the follow-up treatment the appellant visited many times to the Doctors in between 17-08-2008 and 1-12-2008. Certainly, while his admission in the hospital and even thereafter, the appellant would have required assistance of the attendant. We find that the Tribunal has not awarded any amount towards expenditure of the attendant. We, therefore, deem it appropriate to award a sum of Rs.5,000/- for the attendant. Apart from the above, we also feel that the amount awarded on account of pain and suffering i.e., Rs.5,000/- is a low amount looking to the long treatment undergone by the appellant. We deem it appropriate to awardfurther sum of Rs.5,000/- under this head. The appellant is thus entitled to receive a sum of Rs.10,000/- more as enhanced amount of compensation for the injuries sustained by him in the motor accident on 9-8-2008. 8. We direct that the New India Insurance Company Ltd./respondent No.3 to deposit a sum of Rs.10,000/- before the concerned Claims Tribunal within a period of three months from today. It is ^--^ / / s -t-. ;.'A ^) made clear that the aforesaid enhanced amount of Rs.10,000/- awarded to the appellant is inclusive of interest component and no further interest shall be chargeable on the said amount of compensation of Rs.10,000/-. 9 . The appeal is allowed to the extent indicated above. There shall be no orders as to costs. Sd/- Sunil Kumar Sinha Judge Sd/- R.N. Chandrakar Judge Raju