IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR g \Ci [-. C^- i3' \y M. A.(C) No. 7 ^ OF 2009 ^E u"in APPELLANT Applicant Clamant Minor Sudesh Kumar @ Dandu, aged about 10 years, through Guardian mother Bode Bai, widow of Ravel /\<=I..<A ...Singh, pemianent resident of Lanji %^-''A;'<GS'^^'"Tahsil ' Lanji, District Balaghat C- y- ^- ~ . ^ s- -^flK^" ^;*- ^A.- --:':"{t^^ ., ifit^ I*-' ^ _S cy^ ^^faSS^ Respondent No.l Non-Applicant No.l Respondent No.2 Non-Applicant No.2 Respondent No.3 Non-Applicant No.3 presently residing at Dauchoura, Tahsil Khairagarh, District Rajnandgaon (C.G.) Versus :1) Ishwardas Manikpuri, Son of Naindas, aged about 38 years, Occupation Driver, resident of Salhewara, :2) Manoj Kumar Agrawal, son of Nathmal Agrawal, aged about 36 years, Vehicle Owner, resident of Salhewara, Tahsil Chhuikhadan, District Rajnandgaon (C.G.) The New India Insurance Co. Ltd., Branch Office, Raipur District Raipur (C.G.) MISCELLANEOUS CIVIL APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLE ACT, 1988 Cla-im before Tribunal - Rs.5.05,000/- Claims Tribunal awarded Rs.25,000/- Claim in appeal Valued at Rs.4,80,000/- \^y yr. ,<>' HiGH COURT OF CHHATTISGARH AT BILASPUR DiVISiON BENCH BLE SHRI RAJEEV GUPTA, C.J. & IL KUM^% SSNHA. J. Applicant Ciaimant .A. (C)No. 357 of 2009 Minor Sudesh Kumar @ Dandu, aged about 10 years, through Guardian mofher Bode Bai, widow of Ravei Singh, permanent resident of Lanji, Tahsil Lanji, District Balaghaf, presently residing at Dauchoura, Tahsi Khairagarh, District Rajnandgaon (C.G.) Non-Applicant No.' ,2 2. Non-Applicant No.2 a B^ ^. Non-Appiicant No.3 Ishwardas Manikpuri, Son of Naindas, aged about 38 yeare, Occupation Driver, resident of Salhewara, Manoj Kumar Agrawal, son of Nathmal Agrawal, aged about 36 years, Vehicie Owner, resident of Salhewara, Tahsi! Chhuikhadan, District Rajnandgaon (C.G.) The New India tnsurance Co. Ltd., Braneh Gffice, Ralpur District Raipur (C.G.) IL SECTION 173 OF THE MOTOR VEHiCLES ACT. 1988 Present: Shri Rajesh Kumar Sharma, learned counsel for the appeliant. th The foliowing order of the Court was passed ^ Learned counsel for the appellant is heard on I.A. No.01/2009, an application for condonation of delay in filing the 2. On due consideration of the submissions of learned counsei for the appeliant and the grounds taken in the condonation application, we are satisfied that the appellant has succeeded in showing sufficient cause for the delay in filing the 3. I.A. No.01/2009, therefore, is allowed and the delay in filing the appeai is hereby condoned. 4. Shri Rajesh Kumar Sharma, learned counsei for the appellant is heard on admission. 5. The appeliant is seeking enhancement of ths compensation awarded by the Additional Motor Accident Claims Tribunai, Khairagarh, Tribunal') vide award No. 18/2005. - Rajnandgaon (for short 'the 23.06.2006, passed in Claim Case •6. As against the compensation of Rs.5,05,000/- claimed by claimant - Sudesh Kumar @ Dandu, a minor boy, aged about 1 Q years through her natural guardian mother Bode Bai for the injuries sustained by the claimant in the motor accidenf on 30.05.2005, the Tribunal awarded a total sum of Rs.25,000/- as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date of actual payment. I 7. Shri Rajesh Kumar Sharma, learned counsei for the appellant vehemently argued that the compensation of -^ subbu Rs.25,000/- awarded by the Tribunal is too low jn eomparison to the serious nature of injuries sustained by the claimant in the motor accident. 8. For the reasons best known to the claimant and her mother, no doctor was examined before the Tribunal to establish the nature of the injuries said to have been sustained by fhe ciaimant in the motor accident and the fact that those injuries resulted in any permanent disabi!ity. !n this state of evidence, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 10. The appeal, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd/- SuBilKumarSiBha Judge