3 o HIGH COURT OFCHHATTISGARH AT BILASPUR DIVISION BENCH "-^" -JA CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Misc. Appeal (0 No. 616 of 2007 Appellant : Pramod Kumar Sharma, s/o Claimant Udayram Sharma, aged about 42 years, r/o Quarter No.H-8, Kasarideeh, Civil Lines, district Durg C.G. VERSUS Respondents 1 \ 1. Arvind Sao, s/o.Rajendra Sao, aged about23 years, r/o Camp - 1, Nehru Chowk, near Teen Darshan Mandir, ward No. 18, Thana Chhawani, Bhilai, district Durg C.G. (Registered owner of the offending vehicle i.e. Minidor vehicle Champion No.C.G.07-T-0237) 2. Gulam Mohammad, s/o Miyan Khan, aged about 22 years, occupation Driver, R/o near Subhash Aata Chakki, Gandhi Chowk, Power hlouse, Bhilai, thana Chhawani, district Durg C.G. (Driver of the offending vehicle bearing No.C.G.07-T-0237) 3. The Oriental Insurance Company Limited through, Branch Office 16, Ravishankar Shukl Market (R.S.S. Market) district Durg C.G. (Insurance Company ofthe offendipg vehicle bearing No.C.G.07-T-0237) '^"\ "^' '; ^^•'./ MAC.No. 616 of 2007 31 Appeal under Section 173 ofthe IVIotor Vehicles Act \^! Present: Shri R.K. Pali, counsel for the appellant. Shri Ajay Mishra, counsel for respondent No.3. ORDER (18th October, 2011) The following order of' the Court was passed by Rajeev Gupta, C.J. AppellanV claimant Pramod Kumar Sharma is seeking enhancement of the compensation awarded by the 5 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 28.02.2007, passed in Claim Case No. 192/2006. 2) As against the compensation of Rs.5,59,600/- claimed by the appellant/claimant, by filing a claim petition under Section 166 ofthe Motor Vehicles Act, for the injuries sustained by him in the motor accident on 08.08.2003, the Tribunal awarded a total sum of Rs.72,000/- as compensation to the claimant along withinterest @ 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 Oriental Insurance Company Limited, the insurer of the offending vehicle Minidoor bearing registration No.C.G.07/T- 0237, liable t6 pay compensation to the claimant. 4) As the insurer of the above offending vehicle \ Minidoor has not filed any appeal against the impugned award chatienging the aboVe finding recorded by the Tribunal, the same now has attained finalify. M.A.C.No. 616 of 2007 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, awarded Rs.52,000/- towards medical expenses; Rs.10,000/- towards loss of amenities of life; Rs.5,000/- for pain and suffering; and Rs.5,000/- for future medical expenses. The Tribunal, thus, awarded a total sum of Rs.72,000/- 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.72,000/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri R.K. Pali, learned counsel for the appellant submitted that the Tribunal has erred in not awarding any sum towards loss of income/ loss of leave during the period of treatment; conveyance; attendant; and special diet; and in awarding low compensation of Rs.72,000/- only. 7) Shri Ajay Mishra, learned counsel for respondent No.3 the Oriental Ihsurance Company Limited, the insurer of the offending vehicle Minidoor, on the other hand, supported the award and contended that the compensation of Rs.72,000/- awarded by the Tribunal cannot be termed as inadequate so as to warrant enhancement Inthis appeal. 8) Claimant Pramod Kumar Sharma was aged about 42 years f.\ on the date of th6 accident. He was working as Clerk in the Water Resources Departmfent at Tandula, district Durg. The claimant sustained multij^e serrous injuries including fracture of his right MAC.No. 616 of 2007 femur bone in the motor accident is borne out from the evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. It is a different matter that the claimant being in the Government Service, some or most of the expenses on treatment might have been reimbursed by the State Government. The claimant has admitted that inspite of the injuries and fractures sustained by him in the motor accident he is still working in the same department and was getting same salary which he was getting prior to the accident. There is no material available in the Tribunal's records to indicate that the claimant was denied promotion on account of the injuries and fracture sustained by him in the motor accident. 9) The Tribunal certainly has erred in not awarding any sum towards loss of income/ loss of leave during the period of treatment; conveyance; special diet; and attendant. 10) The compensation of Rs.72,000/- 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 to some extent. 11) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.20,000/- inclusive of interest component on the enhanced amount of compensation would make \ the compensation oft Rs.72,000/- awarded by the Tribunal as just and proper compensatibn in the facts and circumstances of the present case. MAC.No. 616 of 2007 12) The appeal filed by the appellant/ claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is awarded further sum of Rs.20,000/- inclusive of interest component on the enhancedamount of compensation in addition to the sum of Rs.72,000/- awarded by the Tribunal. 13) Respondent No.3 the Oriental Insurance Company Limited is granted three months' time for depositing the totat sum of Rs.20,000/- (Rupees twenty thousand only) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- N.K. Agarwal Judge subbu