HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. Appellant Claimant Respondents Non-applicants Misc. Appeal No. 749 of 2003 Kirit Ram, aged 40 years s/o Sukhlal, resident of village Khapari, Tah. & Distt. Dhamtari C.G. VERSUS 1. K. Durga Rao S/o Nukeshwar Rao, aged 30 years, resident of village Gokavaram, PL.S. Gokavaram, Tah. Rajmundari, distt. East Godavari A.P. 2. The Oriental Insurance Co. Ltd. having its t3ranch at Rajmundari in front of Nagdevi Talkies, distt. East Godavari A.P. MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTORVEHICLESACT Present: Shri Shishir Dixit, counsel for the appellant. None for respondent No.1. Shri A.K. Athaley, counsel for respondent No.2. ORDER (21st April, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ Claimant KiritRam is seeking enhancement ofthe compensation awarded by the Additional Motor Accident Claims _,\ ^sy •I Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 09.05.2003, passed in Claim Case No.27/2002. 2) As against the compensation of Rs.17,92,000/- claimed by the appellanV claimant by filing a claim petition under Section 166 of the Motor Vehicles Act for the injuries sustained by him inthe motor accident on 19.12.2001, the Tribunal awarded a total sum of Rs.79,000/- as compensation along with interest @ 7.5% 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 Kirit Ram sustained multiple serious injuries including fractures in the motor accident on 19.12.2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Truck bearing registration No.M.P.-10-T/3007; as the above offending vehicle Truck on the date of the accident was insuredwith 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 motor accident and the amount proved to have been spent on treatment, ^sss\. .fC^L\1 \:^y '^....s-^' "-^r-T^- - awarded Rs.65,520/- towards loss in the future earning capacity on account of the permanent disability; Rs.11,928/- towards medical expenses; and Rs.1,552/- towards pain and suffering. The Tribunal, thus, awarded a total sum of Rs.79,000/- 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.79,000/- @ 7.5% per annum from the date offiling ofthe claim petition till the date ofactyal payment. 6) Shri Shishir Dixit, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.79,000/- only though the appellant/ claimant on account of the injuriessustained by him in the motor accident and the resultant permanent disability has been rendered unfit to pursue his occupation as Coolie/ Hamal. 7) Shri A.K. Athafey, learned counsel for respondent No.2 the Oriental Insurance Company Limited, the insurer of the offending vehicle Truck, on the other hand, supported the award and contended that the compensation of Rs.79,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) In a motor accident claim case, what is important is that, the compensation to be awarded by the Courts/Tribunals should be just and proper compensation in the facts and circumstances of the case. It should neither be a meager amount of compensation, nor a Bonanza. ^,.^^ •--,,:• 1&«^ ^.. "•^•i^/ 9) Now we shall examine as to whether the compensation of Rs.79,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 10) Claimant Kirit Ram was aged about 40 years on the date of the accident. He was a Coolie/ Hamal by occupation. The claimant claimed that he used to earn Rs. 150-200/- per day and the Tribunal asstessed his income at Rs.70/- per day. The claimant sustained multiple serious injuries including fractures is established from the evidence of AW3 Dr. V.K. Pandey. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The Tribunal has erred in not awarding any sum towards loss of income during the period of treatment; conveyance; attendant; and special diet. 11) The compensation of Rs.79,000/- 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 suitably. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.21,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.79,000/- awarded by ,the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) 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.21,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.79,000/- awarded by the Tribunal. 14) Respondent No.2 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.21,000/- before the concerning Claims Tribunal. 15) No order as to costs. Sd/- Oidef Justice Sd/- Sunil Kumar Sinha Judge subbu