h"lrlll"l«<^ n*»ii«iiiiiiiNu^ •@ COURT OF CHHATTiSGARH AT BILASPUR DJViSiON_iENCH Coram : HON'BLE SHR1 RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNSL KUIVIAR SINHA, J. APPELLANT RESPONDENTS Misc. Appeal (Cl No. 239 of 2008 Premlai son of Amarsingh Banjare, Resident of viiiage Ganiyari, PoSice Station Utai, District Durg (C.G.) Versus 1. Tirathram son of Shri B.R. Verma, Resident of Dabra Para, Bhilai-3, DtstrictDurg(C.G.) 2. Brijesh Kumar son of Om Prakash Sharma, Resident of New Khursipar, Bhilai, Tahsil and District Durg (C.G.) 3. New India Insurance Co. Ltd., Divlslona! Office - Bhliai, Tahsl! and District Durg (C.G.) Aopeal under Section 173 of Motor Vehlcle Act. 1986 Present: Shri B.K. Chakraborty, iearned counsei for the appeliant. OR_D.ER (13th IVSarc.'i, 2008) The foilowing order of the Court was passed by Rajeev Gupta, C.J. Shri B.K. Chakraborty, learned counsel for the appeilant is heard on admisslon. 2" . Appellant - Premlal is seeking enhancement of the compensation awarded by the Eighth Additional Motor Accident Ciaims Tribunai, Durg, vide award dated 17-10-2006, passed in Claim Case No. 322/2005. 3. Ciaimant - Premlal claimed compensation of Rs.3,19,653/- for the injuries sustained by him jn the motor accident on 03-01 -2004 when he was dashed by the offending vehicSe-Truck bearing registration No. C.G.-7 Z.C. 0269. The claimant further pleaded that on account of the injuries and fracture sustained by him in ths accident, he has been rendered unfit to pursue his occupation as an agricuiturist. 4. The Tribunal on the evidence led by the partles held that ciaimant - Premiai sustalned injuries in the motor accident on 03-01-2004 ; the said injuries resulted in permanent disability to the extent of 15% ; the driver ofthe offending vehicie - Truck was responsibie for the accident ; as the offending vehicle - Truck was insured on the date of the accident with New india insurance Company Limited, the Insurance Company was liable to pay compensation to the claimant. 5. The Tribunal found that the claimant could establish the expenditure of Rs.4,728/- on his treatment. The Tribunal; therefore, awarded a sum of Rs.4,730/- towards medica! expenses; Rs.2;000/- towards special diet and attendant; Rs.18,000/- towards Joss of future earning capacity on account of 15% permanent disabiiity suffered by the clalmant on account of the injuries sustained in the accident; Rs.5,000/- towards pain and suffering; and Rs.6,000/- towards loss of income during the period the ciaimant remained hospitalized. The Tribuna!; thus, ^s^e^' awarded a tota! sum of Rs.35,730/- as compensation to ciaimant - Premlal for the injuries sustained by him in the motor accident aiong with interest @ 6% per annum from the date of filing of the claim petltjon with further stipulatlon that if the compensation js not deposited within a period of two months; the rate of interest shali be 8.5% per annum. 6. Considering the nature of the injuries sustained by the appeilant in the accident; the amount proved to have been spent on hls treatment; and the fact that the permanent disabiiity suffered by the appellant on account of the injuries sustained in the accident was to the extent of 15% only, we are satisfied that the compensation of Rs.35;730/- awarded by the Tribunal to the ciaimant is just and proper compensation in the facts and cjrcumstances of the present case. 7. VVe, therefore; do not find any scope for enhancement of the compensation awarded by the Tribunai. 9. The appeal filed by the appeliant/claimant for enhancement of the compensation; therefore, is iiabSe to be dismissed and Is hereby dismissed summarijy. | Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu kffi