HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAhfl: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (0 No. 190 of 2007 Appellant Claimant Devendra Kumar son of Shri Than Singh Sahu, aged about 13 years, minor, through his natural guardian father Than Singh Sahu son of Shri Sukhdev Sahu, aged about 40 years, resident of Village Amdi, Tahsil and district Dhamtari C.G. VERSUS ResRondents 1. Munvuddin son of Ajijuddin, aged about 40 years, resident of Kelabadi, Qr. No. 444, Durg district Durg C.G. 2. The New India insurance Company Limited, Office Prakash Bhawan, Station Road, Durg C.G., through Power House, Bhilai, district Durg C.G. MISC. APPEAL UNDER SECTION 173 (2) OF THE MOTOR VEHICLESACT.1988. Present: Shri P.P. Sahu and Shri S.P. Sahu, learned counsel for the appellant. None for respondent No.1. Shri Sourabh Sharma, learned counsel for respondent No.2. ORDER >th (30InMarch,2011) The following order of - the Court was passed by Rajeev Gupta, C.J. /£ IS 9v^e^'^ 9 11, ;%s^!-% 3 —^£s-^-^' AppellanV Claimant Devendra Kumar is seeking enhancement of the compensation awarded by theAdditional Motor Accident Claims Tribunal, Dhamtari (for short 'the Tribunal') vide award dated 07.11.2006, passed in claim case No.97/2005. 2) As against the compensationof Rs.6,50,000/- claimed by the appellant/ claimant by filing a claim petition under Section 166 of the Mofor Vehicles Act for the injuries sustained by him in the' motor accident on 19.02.2005, the Tribunal awarded a total sum of Rs.50,000/- as cdmpensation 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 that claimant Devendra Kumar sustained multiple serious injuries including fractures in the motor accident on 19.02.2005; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Bus bearing registration No.C.G.07-E-0181; as the above offending vehicle Bus, on the date of the accident was insured with the New India Insurance Company Limited and the Insurance Company could not establish any breach of the policy conditions, the Insurance Company was liable to pay compensation to the claimant. 4) As the respondents have not filed any appeal against the award, the above findings recorded by the Tribunal have 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 been spent on treatment, awarded Rs.25,000/- towards loss of future earning capacity on account of the permanent disability; Rs.15,000/- towards medical expenses; and Rs.10,000/- towards pain and suffering and attendant. The Tribunal, thus, awarded a total sum of Rs.50,000/- 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.50,000/- @ 6% per annum from the date of fiiing of the claim petition till the date of actual payment. 6) Shri P.P. Sahu and Shri S.P. Sahu, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.50,000/- only though the appellanV claimant sustained multiple serious injuries including fractures in the motor accident resulting in permanent disability to the extent of 50%. 7) Shri Sourabh Sharma, learned counsel for respondent No.2 the New India Insurance Company Limited, on the other' hand, submitted that as 50% of the permanent disability certified by the Doctor was only in regard to one leg of the claimant, the compensation of Rs.50,000/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. , ., .; > .... , 8) Claimant Devendra Kumaron thedate of the accident was aged about 13 years. He was a student of third standard. He- suffered fracture of his left leg is established from the evidence of AW3 Dr. Vinod Kumar Pandey. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant must have suffered for 4-6 months mentally as well as physically on account of the fracture of his left leg. 9) The compensation of Rs.50,000/- awarded by the Tribunal" when examined in the context of the above mentioned broad features of the case, in our.opinion, is somewhat on the lower side and deserves to be enhanced to some extent. 10) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.50,000/- awarded by the Tribunal as just and proper compensation in the facts and . circumstances of the preserit case. 11) 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.15,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.50,000/- awarded by the Tribunal. 12) Respondent No.2 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.15,000/- before the concerning Claims Tribunal. 13) No _order as to costs. Sd/- Chief Justice R.N. Chandraka Judge subbu y