IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR hfl.A. (Cl No. ^6.5 of 2009 l^r^'AeJ? ^'1^?i! ^/^ii^sS »^^H^i APPELLANT/ Claimant 4^^^\^M^ w>-"..,'^ •^^,'^..1 ^ w '""...-•^^^' Amarnath Patel, S/o Kalicharan Patel, aged about 32 years, Occupation-Cloth Stores, R/o Village-Mahewa, Tahsil- Wadrafnagar, Police Station- Basantpur, District-Sarguja (C.G.) RESPONDENTS Driver Owner VERSUS :1. Pawan Kumar Jaiswal, S/o Dhruwprasad Jaiswal, aged about 22 years, R/o Village-Kogwar, Tahsil-Wadrafnagar, Police Station-Basantpur, District-Sarguja (C.G.) 2. Satnam Kaur, S/o Sardar Singh Chhabda, R/o Gurudwara Ward, Ambikapur, District-Sarguja (C.G.) 3. The United India Insurance Company Limited, Branch Office Behind Ram Mandir, Ambikapur, District-Sarguja (C.G.) APPEAL UNDE&SECTION 173 OF THE hflOTOR VEHICLE ACT 1988 COMPENSATION CLAIMED : RS. 6,71,000/- COMPENSATION &WARDED : RS. 60,000/- - VALUATION OF APPEAL : RS. 6,11,000/- .- COURTFEE . : RS. 15/- Insurer yaa»^ ^••^STi Y ^ HIGH COURT OFCHHATTtSGARH AT BILASPUR DIVtSIONBENCH Coram HON'BLE SHRIRAJEEVGUPTA, CJ. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT Claimant MJL (0 N0.2050F 2009 Amarnath Patet, S/o Kalicharan Patel, aged about 32 years, Occupation- Cloth Stores, R/o Village- Mahewa, Tahsii- Wadrafnagar, Police Statton Basantpur, District- Sarguja (C.G.) Versus RESPONDENTS Driver 1 Owner Insurer 2. 3. Pawan Kumar Jaiswal, S/o Dhruwprasad Jaiswal, aged about 22 years, R/o Village-K(%war, Tahsii-Wadrafnagar, Poiice Station-Basantpur, District- Sarguja (C.G.) Satnam Kaur, S/o Sardar Singh Chhabda, R/o Gurudwara Warel, Ambikapur, District-Sarguja (C.G.) The United India Insurance Company Limited, Branch Office Behind Ram MandiF, Ambikapur, District-Sarguja (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT.1988 Present: Shri D.N. Prajapati, leamed counsel for the appeltant. ORDER (18th February, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: Shri D.N. Prajapati, tearned counsel for the appellant is heard on admisslon. 2) Appellant - Amarnath Patel isseeking enhancement of the ^ompensation awarded by thre First Additionat Motor Accident r' Claims Tribunal, (F.T.C.) Ramanujganj, Sarguja (for short 'the Tribunal') vide award dated 18.11.2008, passed in Claim Case No.07/2007. 3) As against the compensation of Rs.6,71,000/- ctaimed by the appellant/claimant, by filing a claimpetition under Section 166 ofthe Motor Vehlcles Act, forthe injuries sustained by hlm In the motor accident on 08.07.2004, theTribunal awardeda lump-sum of Rs.60,(XX)/- as compensation along with interest @ 6% per annum from the date of filing of the claim petition, till the date of actual payment. 4) Shri D.N. Prajapati, leamed counsel for the appellant vehemently argued that the compensation of Rs.60,000/- awarded by the Tribunal Is too low in comparison to the serious nature of the injuries sustained by the appetlant/claimant and the resultant permanent disabil'rty. 5) For the reasons best known to the appellant/daimant, no Doctor was examined before the Tribunal to establish the nature of the injuries sustained by the appellanVclaimant in the motor accident and the fact that those injuries resutted in any permanent disability. 6) In thls state of evidence, we do not find any scope for enhancement ofthe compensation awarded bythe Tribunal. 7) The appeal filed by the appetlant/claimant for enhancement of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- ChiefJustice Sd./- Sunil Kumar Sinha Judge r Svri^