dp HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellant Applicant Respondents Non-applicants Misc. Appeal No. 647 of 2006 Manoj Kumar aged 5 years s/o Banshi Lal Sahu, minor through his guardian Banshilal Sahu, s/o Shyamlal Sahu aged 42 years, R/o Indrapuri, Hirri Mines, Tahsil Bilha, distt. Bilaspur C.G. VERSUS 1. N.R. Sonare, aged 48 years s/o Gujuju Sonare, R/o Mandi Road, Bilha, Tahsil Bilha, distt. Bilaspur C.G. 2. Bhuneshwar Prasad Kaushik, s/o Tulsi Ram aged 30 years, R/o village Bartori Tahsil Bilha, distt. Bilaspur C.G. 3. The Oriental Insurance Co. Ltd. through Branch Manager, Branch Office in front of High Court, Bilaspur C.G. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.1988. Present: Shri Ravindra Agrawal, counsel for the appellant. Shri Abhishek Sinha and Shri Varun Dubey, counsel forrespondent No.3. ORDER (26th April^ 2011) The following order of Ahe Court was passed by Rajeev Gupta, C.J. This is claimant's appeal for enhancement of the compensation awarded by the 9 Additional Motor Accident ^y^ t^w^1 Claims Tribunal, Bilaspur (for short 'the Tribunal') vide award dated 24.03.2006, passed in Claim Case No. 165/2005. 2) As against the compensation of Rs.3,70,000/- claimed by claimant Manoj Kumar, a child aged about 5 years, by filing a claim petition under Section 166 of the Motor Vehicles Act through his father Banshi Lal Sahu, for the injuries sustained by the claimant in the motor accident on 06.07.2004, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 6% 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 that claimant Manoj Kumar sustained multiple injuries including fractures in the motor accident on 06.07.2004; the accident occurred due to rash and negligent driving of the motorcyclist of Bajaj Pulsar Motorcycle bearing registration No.C.G.10-B-8836; as the above offending vehicle Motorcycle, on the date of the accident was insured with the Oriental Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have now attained finality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the ,,^':'-' ^-----e^; .^^A ""%.. '% % - 'J motor accident and the amount proved to have been spent on treatment, awarded Rs.15,000/- towards medical expenses; Rs.10,000/- towards pain and suffering; Rs.20,000/- towards future medical expenses; and Rs.5,000/- towards special diet, conveyance and attendant. The Tribunal, thus, awarded a total sum of Rs.50,000/- 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.50,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Ravindra Agrawal, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.50,000/- only, though the claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 30%. 7) Shri Abhishek Sinha and Shri Varun Dubey, learned counsel for respondent No.3 the Oriental Insurance Company Limited, insurer of the offending vehicle Motorcycle, on the other hand supported the award and contended that as the claimant was a child aged about 5 years only, the compensation of Rs.50,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Manoj Kumar on the date of the accident was aged about 5 years. The claimant sustained multiple serious injuries including fractures in the motor accident is established ^, 4 from the evidence of AW3 Dr. G.L. Arora. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. 9) The compensation of Rs.50,000/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.10,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.50,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) The appeat filed 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 on the enhanced amount of compensation in addition to the sum of Rs.50,000/- awarded by the Tribunal. 12) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.10,000/- before the concerning Claims Tribunal. 13) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge subbu