^.--I'-5-*^ !i ^ y '. 'T iS" HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeal (Cl No.851 of 2009 Appellant Nirmal Kumar Lakda, s/o Domanik Claimant Lakda, aged about 33 years, Occupation - Agriculture, r/o Village Portenga, Tahsil - Jashpur, District Jashpur (CG) Respondents Non-applicants VERSUS Smt Jailina Lakda, w/o Simon Lakda, aged about 32 years, Occupation - Business, r/o Village Charaidand, Dipatoll, Tahsil Jashpur, District - Jashpur (CG) through Simon Lakda, NH 1-8-231 Vindhyanagar, Tahsit Singroli, District Sidhi (MP) (Driver) Mahabir Kujur, S/o Dido Kujur, aged about 42 years, Occupation - Driver, R/o Village Jakba, Tahsil and District - Jashpur (CG) (Owner) The National Insurance Company Limited, local Branch Office, Priyadarshini Nagar, Bilaspur (CG) (Insurer) Miscellaneous Appeal under Section 173 of Motor Vehteles Act f-t Present : Shri AK Prasad and Shri Roshan Verma, counsel for the appellant. None for respondents No.1 and 2 though served. Shri Raj Awasthi, counsel for respondent No.3. SMi'a '?SWS'S;1!. \ t:-.^/ ORDER •th ^_ (15mJuly,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Nirmat Kumar Lakda is seeking enhancement of the compensation awarded by the Motor Aecident Claims Tribunal, Jashpurnagar (for short 'the Tribunal') vide award dated 16.02.2009, passed in Claim Case No.11/2007. 2) As against the compensation of Rs.16,08,397/-, claimed by the appeltant/claimant by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 24.10.2005, the Tribunat awarded a total sum of Rs.27,500/- as compensation atong with interest @ 9% 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 National Insurance Company Limited, the insurer ofthe offending vehicle Bus bearing registration No.BR-14 P/1804 liable to pay compensation to theclaimant. 4) As the insurer of the offending vehicle Bus has not filed any appeal challenging the above ftnding recorded by the Tribunal, the same, now, has 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.15,000/- towards the injuries and the ^?) resultant disability; Rs.5,000/- towards medical expenses; Rs.5,000/- for pain and suffering; and Rs.2,500/- for loss of income during the period of treatment. The Tribunal, thus, awarded a total sum of Rs.27,500/- 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.27,500/- @ 9% per annum from the date of filing of the claim petition tilt the date of actual payment. 6) Shri AK Prasad and Shri Roshan Verma, learned counsel for the appellant submitted that the Tribunal has erred in awarding only Rs.2,500/- for toss of income during the period of treatment; and in awarding low compensation of Rs.27,500/- only. 7) Shri Raj A\wasthi, learned counsel for respondent No.3 the National Insurance Company Limited, the insurer of the offending vehicle Bus on the other hand contended that the compensation of Rs.27,500/- awarded by the Tribunal cannot be termed a inadequate so as to warrant enhancement in this appeal. 8) Ctaimant Nirmal Kumar Lakda was aged about 33 years on the date of the accident. He was an agriculturist by occupation. The claimant sustained fractures in the motor accident is established from the evidence of AW/3 Dr F Krispota. It is a matter of common knowledge that substantiat amount is required to be spent on the treatment of fractures. The claimant on account of the fractures sustained by him could not have performed the agricultural operations for a period of 3-4 months resulting in monitory loss to the claimant, as he must have enaaaed 4 agricultural labour during that period for perfoi-ming agricultural operations. The amount of Rs.2,500/- awarded by the Tribunal towards the loss of income during the period of treatment is certainly on the lower side and desen/es to be enhanced suitably to some extent. 9) Considering atl the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inctusive of interest coroponent on the enhanced amount of compensation would make the compensation of Rs.27,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 10) The appeal flled by the appellant/claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.10,000/- inclusive of interest component in addition to the sum of Rs.27,500/- awarded by the Tribunal. 11) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the conceming Claims Tribunal. 12) No order as to costs. Sd/- ChiefJustice Sd/- Rangnath Chandrakar Judge padma