HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 498 of 2010 Appellant Claimant Respondents Non-applicants Ramesh Kumar Tiwari s/o Chhotu Prasad Tiwari, aged about 42 years, occupation teacher, r/o Kobia, Bemetara, post Tahsil & police station Bemetara, district Durg C.G. VERSUS Hemant @ Hemanlal s/o Khamhanlal Sahu, aged about 34 years, r/o village Lolesara, tahsil Bemetara, district Durg C.G. Reliance General Insurance Company Limited, Shop No.412, 413, fourth floor, Ravi Bhawan, Jai- Stamh Chowk, Raipur, Main Post & district Raipur C.G. Satyawan s/o Khamhan Sahu, occupation Agriculturist, aged about 32 years, r/o post office Dashrangpur, district Kawardha C.G. IVIemo^f appeal under Section 173 of Motor Vehicle Act Present: Shri V.A. Goverdhan, counsel for the appellant. Shri SureshVerma, counsel for respondents No.1 and3. Shri Sourabh Sharma and Shri Aditya Sharma, cdunsel for respondent No.2. ORDER (10th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. IWBES^^^^SS^; a»sa^i'^>"uMdWS-svsSsss^S^SSSSSs^B^^sS'S^SiSs MAC.No. 498 of 2010 Appellant/ claimant Ramesh Kumar Tiwari is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Bemetara (for short 'the Tribunal') vide award dated 06.01.2010, passed in Claim Case No. 19/200.9. 2) As against the compensation of Rs.14,00,0007- claimed by the appellant/claimant, by fiiing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 04.02.2008, the Tribunal awarded a total sum of Rs.83,500/- 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 the Reliance General Insurance Company Limited, the insurer of the offending Hero Honda Motorcycle bearing registration No.C.G.-09A/1108,liable to pay compensation to the claimant. 4) As the insurer of the above Hero Honda Motorcycle has not filed any appeal against the impugned award challenging the above finding 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 awarded Rs.40,000/- towards medical expenses; Rs.35,000/- towards pain and suffering; Rs.5,000/- for future medical expenses; Rs.1,500/- forconveyance; Rs.1,000/- for .-A.--^^ ;-. •:^':^'»'>.^^^'s-a^ S^^EKsa'"sf^ 'lf'ssSt ^'/'" I.A.C.No. 498 of 2010 special diet; and Rs.1,000/- for attendant. The Tribunal, thus, awarded a total sum of Rs.83,500/- 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.83,500/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri V.A. Goverdhan, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.83,500/- only to the claimant though the appellant sustained multiple serious injuries including fracture of his left femur bone in the motor accident. 7) Shri Sourabh Sharma and Shri Aditya Sharma, learned counsel for respondent No.2, the Reliance General Insurance Company Limited, .the insurer of the offending Hero Honda Motorcycle, on the other hand, supported the award and contended that the compensation of Rs.83,500/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Shri Suresh Verma, learned counsel for respondents No.1 and No.3, the driver and owner of the offending Hero Honda Motorcycle, also supported the award. 9) Claimant Ramesh Kumar Tiwari was aged about 42 years on the date of the accident. He was working as teacher in a Government School. The claimant sustained multiple serious injuries including fracture of his left' femur bone in the motor i-s j '3®,%%*u ^•^—-" '^ ^ ^r^. '%&.;—^"l.--" .A.C.No. 498 of 2010 accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. It is true that the claimant being in Government service, most of the amount spent towards medical expenses must have been reimbursed by the State Government. The claimant on account of the fracture of his left femur bone must have remained bed-ridden atleast for 2-3 months. The claimant as such, must have been compelled to take leave during the period of treatment. 10) The Tribunal, in our opinion, has erred in not awarding any sum towards loss of income/ loss of leave during the period of treatment and in awarding low sum of Rs.1,000/-, Rs.1,000/- and Rs.1,500/- towards special diet, attendant and conveyance. 11) The compensation of Rs.83,500/- awarded by the Tribunal when examined in the context of the above mentioned broad features of the case, in our opinion, is certainly on the lower side and deserves to be enhanced to some extent. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.83,500/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal filed by the appellanV claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.15,000/- indusive of !uaEUEywasE(sia •^': r~~v ^ •C ;y - ^^-/'.- '--^TWT'"^^± .A.C.No. 498 of 2010 interest component on the enhanced amount of compensation in addition to the sum of Rs.83,500/- awarded by the Tribunal. 14) Respondent No.2 the Reliance General Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- Chief Justice Sd/- R.N.Chandrakar Judge ^ nimmi BasSSU!UI.^'. "W1«"B>'UI"- --Y; J-':^