HIGH COURT OF CHHATTISGARKATBIL.ASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 795 of 2010 Appellant Claimant ^- Respondents Non-claimants ^^ Anand Kumar Agrawal, s/o late Shri Panna Lal Agrawal, aged about 35 years, occupation Business, r/o village Bhaiya Thaan Road, Surajpur, district Sarguja C.G. Teli. VERSUS Bahadur Gond, s/o Ramesh Singh, occupation Driver of Truck, r/o village Mahora, police station Patna, tehsil Baikunthpur, district Koriya C.G. Durga Prasad Gupta, s/o Shri Thakurdin Gupta, occupation owner of the offending vehicle Truck, bearing No. C.G. 16 ZC/0346, R/o. Nagar, police station & tehsil Baikunthpur, district Koriya C.G. Brijlal, s/o Ramsai Harijan, occupation Driver of Jeep, r/o village Mahora, police station Patna, tehsil Baikunthpur, district Koriya C.G. 4 Suresh Chand Singh, s/o Shri Girwar Prasad Singh, aged about 44 years, r/o. village Bazaar para, Jai Nagar, tehsil Bishrampur, district Sarguja C.G. 5 The Oriental Insurance Company Limited, through Branch Manager, Ambikapur, district SargujaC.G. Memo of appeal under Section 173 of Motor Vehicle Act MAC.No. 795 of 2010 Present: Shri Surfaraj Khan, counsel for the appellant. Shri Shailendra Sharma, counsel for respondent No.5. ORDER (2nd November, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Anand Kumar Agrawal is seeking enhancement of the compensation awarded by the Second Additional Motor Accident Claims Tribunal, Surajpur, district Sarguja (for short 'the Tribunal') vide award dated 22.07.2010, passed in Claim Case No.86/2006. 2) As against the compensation of Rs. 15,00,0007- claimed by appellanVclaimant Anand KumarAgrawal, byfiling a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 29.02.2004, the Tribunal awarded a total sum of Rs.1,27,000/- as compensation to the claimant along with interest @ 7.5% per annum. 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 Truck bearing registration No. C.G.- 16ZC/0346 liable to pay compensation to the claimant. 4) As the insurer of the above offending vehicle Truck has not filed any appeal against the impugned award challenging the above finding recorded by the Tribunal, the same now has attained finality. MAC.No. 795 of 2010 ^ ^. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained by the claimant in the motor accident; the fact that the claimant suffered total loss of vision of his right eye in the motor accident; and the amount proved to have been spent on treatment awarded Rs.81,000/- towards loss of future earning capacity on account of the permanent disability; Rs.20,000/- towards loss of amenities of life and inconvenience; Rs.10,000/- for pain and suffering; Rs.10,000/- for medical expenses; Rs.5,000/- for special diet and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs. 1,27,0007- 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.1,27,000/- @ 7.5% per annum. 6) Shri Surfaraj Khan, learned counsel for the appellant submitted that the Tribunal has erred in awarding Rs.10,000/- only towards pain and Suffering though the appellant/ claimant suffered total loss of vision in his right eye on account of the injuries sustained by him in the motor accident; in not awarding any sum towards attendant; and in awarding low compensation of Rs.1,27,000/-only. 7) Shri Shailendra Sharma, learned counsel for respondent No.5, 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.1,27,000/- awarded v||%g|Si^8| J' ^^- .,...^..;^^ MAC.No. 795 of 2010 * by the Tribunal cannot be termed as inadequate so as to warrant enhancement in this appeal. 8) Claimant Anand Kumar Agrawal was aged about 35 years on the date of the accident. He was a business man dealing in readymade garments. The claimant sustained multiple serious injuries including fractures and also suffered total loss of vision in his right eye, is borne out from the evidence available on record. The claimant would suffer physically and mentally for whole of his life the loss ofvision in his right eye. 9) The Tribunal, in our opinion, has erred in awarding only Rs.10,000/- towards pain and suffering and in not awarding any sum towards attendant. 10) The compensation of Rs.1,27,0007- 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 including the fact that the claimant suffered total loss of vision in his right eye and would suffer in that behalf physically and mentally for whole of his life, we are of the opinion that further award of Rs.50,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.1,27,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 12) The appeal filed by the appellanV claimant for enhancement of the compensation, therefore, is allowed in part. The claimant is ^^,^ ^%^^ Sj •••"!'?/ MAC.No. 795 of 2010 awarded further sum of Rs.50,000/- (Rupees fifty thousand only) inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.1,27,000/- awarded by the Tribunal. 13) Respondent No.5 the Oriental Insurance Company Limited is granted three months' time for depositing the total sum of Rs.50,000/- (Rupees fifty thousand only) before the concerning Claims Tribunal. 14) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu