HIGH COURT OF CHHATTISGARH AT BILASPUR DIVIStON BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. IVIisc. Appeal (Cl No. 1080 of 2010 Apoellant Claimant Respondents Driver Owner Insurance Company Pushpjeet, s/o Prahatad Singh Bais, aged 24 years, r/o Kusumkasa, police station Rajhara, tahsil Balod, district Durg C.G. VERSUS Dev Singh, s/o Latelram Kewat, aged not known to the appellant, r/o Kelabadi Camp-1, Dali Rajhara, Tahsil Balod, district Durg C.G. Amit Kumar Jain, s/o Bhomraj Jain, aged not known to the appellant, r/o Dali Rajhara, police station Rajhara, tahsil Balod, district Durg C.G. The United India Insurance Company through its Branch Manager, Kamti Line, Rajnandgaon C.G. Memojif appeal under Section 173 of Motor Vehicle Act Present: Shri Rajeev Shrivastava and Shri Malay Shrivastava, counsel for.the appellant. Shri H.B. Agrawal, Senior Counset with Smt. Meera Jaiswal, counsel for respondent No.3. ORDER •th (06tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. M.A.C. No. 1080 of 2010 1' Appellant/ claimant Pushpjeet is seeking enhancement of the compensation awarded by the Additional Motor Accident Claims Tribunal, Balod, district Durg (for short 'the Tribunal') vide award dated 16.03.2010, passed in Claim CaseNo. 196/2009. 2) As against the compensation of Rs.5,11,000/- claimed by the appellant/claimant, byfiling a claim petition underSection 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 08.01.2007, the Tribunal awarded a total sum of Rs.37,040/- 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 United India Insurance Company Limited, the insurer of the offending vehicle Dumper bearing registration No.C.G.-04/1848, liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Dumper has not filed ahy appeal challenging the above finding recorded by the Tribunal, the same has 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 spent on treatment, awarded Rs.25,000/- towards pain and suffering and loss of amenities in life on account of the injuries; Rs.3,040/- towards medical expenses; Rs.3,000/- for loss of income during the period of treatment; Rs.2,000/- for special diet; Rs.2,000/- for attendant; and Rs.2,000/- for conveyance. The TribunaL ttius— V/ M.A.C.No.1080of 2010 |n»imNi awarded a total sum of Rs.37.040/- as compensation to the ctaimant 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.37,040/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Rajeev Shrivastava -and Shri Malay Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.37,040/- only though the appellant/claimant sustained multiple serious injuries in the motor accident and was compelled to spend substantial amount on his treatment. 7) Shri H.B. Agrawal, learned Senior Counsel with Smt. Meera Jaiswal, learned counsel for respondent No.3, the United India Insurance Company Limited, the insurer of the offending vehicle Dumper, on the other hand, supported the award and contended that the compensation of Rs.37,040/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Pushpjeet was aged about 24 years on the date of the 'accident. He was working as helper in a general store. The claimant sustained multiple injuries in the motor accident is borne out from the evidence available on record. It is true that the claimant did not sustain any fracture in the motor accident. Though the Tribunal has awarded reasonable amount towards medical expenses, conveyance, attendant and special diet, the r M.A.C.No. 1080of 2010 sum of Rs.3,000/- awarded by the Tribunal towards loss of income, in our opinion, is on the lower side and deserves to be enhanced to some extent. 9) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.5,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.37,040/- awarded by the Tribunal as just and proper compensation in the facts and circumstances ofthe presentcase. 10) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.5,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.37,040/- awarded by the Tribunal. 11) Respondent No.3 the United India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.5,000/- before the concerning Claims Tribunal. 12) No order as to costs. —— Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge nimmi ^-:.