HIGH COURT OF $HHATTI$GARH AT BéLASPUR QiVi$IGN BENCH CGRAM: : HON’BLE SHRI RAJEEV GUPTA,C.J. & " -' HON’%LE $HRE RANGNATH CHI-KNDRAKAR, J. Misc. Aggeai No. 63$ of-2fm4 Bashir Khan, aged about 49 Yrs, S/o Late Nafeel Khan, R/o Bungle No.1, a Book Binding Centre, Shastri Nagar, Supeia, Bhiiai, 'Distt Burg (CG) AppeQlant VERSU$ z . Respondents; 1. Nam Khan, Slo Hankham, Aged about 26 Years, Profession Truck‘ Trailer Driver? Rio Sapna Tarkies} Power HauseLBhHai Disti. Burg (CG) Ravinder Singh Suri Truck Traiier Owner R/c. Bombay Auto Parts, Transport Nagar, Bhilai Distt. Durg (f‘f‘\ 3. The New india Assurance Company Limited, ranch Office, Nandini Road, Power House Bhiiai, through Divisionai Manager, Division Office, Kutchery Chowk, Jail Road, Raipur roe.) Misc. Aooeai under $ection 173 of Motor‘X/ehicles Act v.u.)\ i Present : Shri Anumeh Shrivastava, counsel on behalf of Shri Raja Shanna, counsel for the appellant. None for respondents No.1 & 2. Shri AK. Aihaiey, counsel for respondent No.3. g " 1.x oeoen (v {915‘ octnber, 2am} The foliowing order of the Court was passed by Raieev Gupta, CJ, ’ f FI: l Appeuant Bashir Khan is seeking enhancement of the cc: Ci ime Tribunal, Baloda Bazar (for short ‘the TribunaP) vide a ard dated 11‘052004; paeeed in ciaim case No.09/2D02. 2) As against the ccmpensation cf Rs.13,00,000/— claimed by th appellant! ciaimant by fiiing a claim petition under Section 366 of fine-Motor Vehicles Act for the injuries sustained by him in the mt?tor _ accident on 03—07-2001, the Tribunal aWarded a total sum oflRs,‘84,7OD/- as compensation along with interest @ 9% per aninum ftom the date of filing of the claim petition till the date of actual payment in the event of the insurer‘s failure to pay the amount of compensation within one month of the passing of the avilard. 3)l The Tribunal on a close scrutiny ot the entire evidence led b l fore it held that claimant Bashir Khan sustained multiple s rious injuries including fractures in the motor accident on 0—07-2001; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Traitor bearing reoistration No’M.P.—23 D4944; as the above offending vehicle i" Trailo‘r, on the date of the accident was insured with the New indie/insurance Company Limited and the insurance Company C‘told not establish'anyi‘breach of the ooiicy conditions; the insurance Company was liable to pay compensation to 'the c :aimant. l \ pensation awarded by the Second Additiena! Motor Aocl‘dent i ‘ i ‘ 4! As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal havé now a, ained finality. 5 The Tribunal considering the number and nature of the l iuries proved to have been sustained by the claimant in the otor accident and the amount proved to have been spenton his treatment, awarded Re.40,0DOI- towards loss of future earning capar‘itv on account of the permanent disability in the ridht leg of the ciaimant Rs 23 000/— towards loss of income during the period of the oialmant s hospitalization and treatment Rs 18 700/- iowarde medical expenses; Rs,2,000/— for attendant; Rs.1,000/— for special oltet. The Tribunal; thus, awarded a total sum of Rs 84 700/— as comoensation to the claimant for the injuries uetalned by him in the motor acCident The Tribunal further ompensation of Rs.84,700/- @ 9% per annum in the event of the insurer’s faiiure to deposit the amount of compensation within one month trom the date of the award 6 $hri Anumeh Shrivastava; learned counsel for the l a pellant submitted that the Tribunal has erred in not awarding any sum towards pain and suffering and in awarding low oompensation of Rs 84 700l- onlv ) Shri A K Athaley, learned counsel for respondent No 3 the Z’ uoported the award and contended that the compensation of g i i l irected payment of interest on the above amount of Vu¥ ew lndia insurance Company Limited on the other hand mwVv V $4,700/- awarded by the Tribunl is just and proper Fe‘8 a mpsation in th facts and circumstances of the present case. coen e On due consideration of the submissions of learned unsel fo the parties; the nature of the occupation of the co r aint; the nmber nd nature of the injuries sustained by the cima u a iaimant in th motor accident ; th iikeiy ount spent by him on (r e e am eatmt, e are of the opinion tha furthe award of Rs.10,000/- tren w t r sive of interest comonen on the nhced amount of i ciu pt ean oensation wiii make th ompensation Rs.84,700/— cmp ‘ e c of warded by the ribunai as ius and proper compensation in the a T t ct and cicumstances of the present case. fas r ) The ppeal filed by the appellant claimant “for $ a ! enc f n nhaement o the compensation, therefore, is allowed i part. fhe claimant is awarded further sum of Rs.10,00l— inclusive of test oponent on the enhanced amoun of compensation in ner cm t dditn o the sum f Rs.84,700/- awared y the Tribunaii aio t o d b 0) Respondent No.3 the w idia insurance Company n Ne n a mited is granted te onths’ time for depositing the total sum i hre m s 0,DOO/- beore the concerning Ciaims Tribunal. 'of R.1 f 1) o der as to costs. ;l:::.~rL 3d]- ‘ R.Nhandrakar Jude E») i 0 1 N or 7 iL .C g