^ro-' DIVSSSON BENCH ,C.J. u »sii-i iN-ATS- 1, X. Clsinisnt Ku. Sonprabha Nayak, D/o Vrindavan Nayak (Novi/ Smt. Sonprabha Swain W/o Sobrat Swain) aged about 26 years, R/o Awas No. 87, Sector-5, Balco Nagar Core-1, Potice Station Salco Nagar, Tahsil & District Kor'oa (C.G.) 1. Budhdeshwar Shrivastava, aged about 50 years, S/o late Shri Laiji Shrivastava, Address Purani Basti, Korba, Present Address Navin Trading in front of Shiv Mandir, Power House Road, Korba, Poiice Station Korba, Tahsil and Dlstrict Korba (C.G.) (Driver) 2. Shri Umesh Kumar Agrawal, aged about 43 years, s/o late Shri Sitaram Agrawal, Address - Navln Trading in front of Shiv Mandir, Power House Road, Korba; Police Station Korba, TahsH and District Korba (C.G.) (Owner) 3. United India Insurance Company Limifed, through its Branch Manager Address - R.B. Traders, First Floor, Stadium Marg, Transport Nagar, Korba, Tahsil and District Korba (C.G.) (insurer) Present: Shri Malay Kumar Bhaduri, learned counsel for the appeiiant. (29mSeptember, 2010) The foilowing order of the Court was passed by Shri Maiay Kumar Bhaduri, learned counse! for the appeilant is heard on I.A. No.01/2010, an appiication for condonatlon of the delay in fiiing the appeal. 2) On due consideration of the submissions of leamed counse! for the appellant and the grounds taken in the appiication, we are satisfied that the appellant has succeeded in shcwing sufficient cause for the delay in filing the appeal. 3) I.A. No. 01/2010, therefore, is allowed and the delay in filing the appeal is hereby condoned. 4) Shri Malay Kumar Bhaduri, learned counsel for the appellant is heard on admission. 5) Appellant Ku. Sonprabha Nayak Is seeking en'nancement of the compensation awarded bv the Second Additional Motor Apcident Claims Tribunal, Korba (for short, 'the Tribunal') vide award dated 14.12.2009, passed in Claim Case No. 183 of 2007. 6) As against the compensation of Rs.1,32,80,000/- ciaimed by the appetlanV claimant, by filing a ciaim petition under Section 166 of the Motor Vehicies Act, for the injuries sustained by her in the motor accident on 13.02.2007, the Tribunal awarded a totat F /s:^^ ^'•'-•-, '\ »^.'I sum of Rs.4,30,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. 7) Shri Malay Kumar Bhaduri, learned counsel for the appeitant vehemently argued that the Tribunal has erred in awarding low compensation of Rs.4,30,000/- only, though the appellant/ ciaimant sustained muitiple serious injuries in the motor accident resulting in permanent disabiiity to the extent of41%. 8) Claimant Ku.Sonprabha Nayak was a teacher in a Private School on the date of the accident. The Tribunal has assessed her income at Rs.3,750/- per month. By seiecting the multipiier of 17, the Tribuna! assessed the compensation payable on account of 41% permanent disability suffered by the claimant, due to the jnjuries sustained in the accident at Rs.3,13,650/-. By awarding further sum of Rs.1,06,350/- towards medical expenses, conveyance and speciat diet and Rs.10,000/- towards pain and suffering, the Tribunal awarded a total sum of Rs.4,30,,000/- as compensation to the claimant. The Tribunal further directed payment of tnterest on the above smount of compensation @ 9% per annum from the date of filing of the ciaim petition till the date of actual payment. 3) Considering that ctaimant Ku. Sonprabha Nayak on account of the injuries sustained in the accident and the resultant permanent disabiiity has not been rendered unfit to pursue any /^w^,. /^" ...^ 'x, J(.'^»^l ^ occupation, we are satisfied that the compensation of Rs.4,30,000/- awarded by the Tribunal does not cail for any enhancement in this appeal. 10) The appeat fiied by the appeliant/ claimant for enhancement ofthe compensation, therefore, fails and is hereby dismissed summariiy. Sd/- Chief Justice nimm Sd/- R.N. Chandrakar Judge