© HIGH COURT OF CHHATTISGARH AT BILASPUR DJVIS^IONBiNCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Misc. Appeal (C) No. 1174 of 2009. k_ Appellant Claimant Respondents Non-claimants Seema Jogi, d/o Shri Narayan Jogi, aged about 23 years, r/o Ambedkar Nagar, Gudhiyari, police Station Gudhiyari, tahsil & district Raipur C.G. VERSUS Ghanshyam Yadav, s/o Asharam Yadav, through Ajeet Madhriya s/o Vishnu Prasad Madhriya, Ashirwad Medical Stores, Azad Chowk, Police Station Azad Chowk, Raipur, district RaipurC.G. (Driver of vehicle Tractor & Trolley bearing registration No.C.G.- 06/ZD/1062 & C.G.-06/ZD/1063) Ganesh Ram Sahu, s/o PLusauram Sahu, through Ajeet Madhriya, s/o Vishnu Prasad Madhriya, Ashirwad Medical Stores, Azad Chowk, Police Station Azad Chowk, Raipur, district RaipurC.G. (Owner of vehicle Tractor & Trolley bearing registration No.C.G.- 06/ZD/1062 & C.G.-06/ZD/1063) The Divisional Manager, the New India Insurance Company Limited, through Divisional Manager, Divisional Office, behind Life Insurance Office, Pandri, Raipur, Tahsil & district Raipur C.G. (Insurer of vehicle Tractor & Trolley bearing registration No.C.G.- 06/ZD/1062 & C.G.-06/ZD/1063) Apoeal under Section 173 ofthe Motor Vehicle Act v v?y ^•»sy ! Present: Shri Dharmesh Shrivastava, counsel for the appellant. Shri Shivendu Pandya, counsel for respondent No.3. ORDER (22nd July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant/ claimant Seema Jogi is seeking enhancement of the compensation awarded by the 9th Additional Motor Accident Claims Tribunal, Raipur (for short 'the Tribunal') vide award dated 30.04.2009, passed in Claim Case No. 12/2009. 2) As against the compensation of Rs.7,00,000/- claimed by the appellanVclaimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by her in the motor accident on 30.08.2008, the Tribunal awarded a total sum of Rs.23,100/- as compensation along with interest @ 7.5% 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 New India Insurance Company Limited, the insurer of the offending vehicle Tractor-Trolley liable to pay compensation to the claimant. 4) As the insurer of the offending vehicle Tractor-Trolley has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. ""• ^•^' (S) ^ ^.. 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.13,100/- towards medical expenses; Rs.5,000 for pain and suffering; and Rs.5,000/- for special diet and conveyance. The Tribunal, thus, awarded a total sum of Rs.23,100/- as compensation to the claimant for the injuries sustained by her in the motor accident. The Tribunal further directed payment of interest on the above amount of compensation of Rs.23,100/- @ 7.5% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Dharmesh Shrivastava, learned counsel for the appellant submitted that the Tribunal has erred in awarding low compensation of Rs.23,100/- only though the appellant/claimant sustained multiple serious injuries including fractures in the motor accident. 7) Shri Shivendu Pandya, learned counsel for respondent No.3, the New India Insurance Company Limited, on the other hand, contended that as the claimant did not suffer any disability on account of the injuries and fractures sustained by her in the motor accident, the compensation of Rs.23,100/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Seema Jogi was aged about 23 years on the date of the accident. She was working as Nurse in City Hospital, Raipur. The claimant sustained fractures in the motor accident is •(.,^,\^.^'^ ^^ established from the evidence of AW-2 Dr. Shankar Dubey. The claimant did not produce any disability certificate before the Tribunal to establish that the injurjes and fractures sustained by her in the motor accident resulted in any permanent disability. The claimant on account of the fractures could not have performed her duties as Nurse for a period of 2 - 3 months resulting in monitory loss to her. The Tribunal certainly has erred in not awarding any sum towards loss of income during the period of treatment. 9) The compensation of Rs.23,100/- 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.11,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.23,100/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present 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.11,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.23,100/- awarded by the Tribunal. -.^^-;-'f-'...'.^, '•,.'y" .^^. "'.: ^ ^ ^' ?;'-...'..^:1^--. .f^.yw^. r^s. 12) Respondent No.3 the New India Insurance Company Limited is granted three months' time for depositing the total sum of Rs.11,000/- before the concerning Claims Tribunal. 13) No order as to costs. _- Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu