HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHR8 RAJEEV GUPTA, CJ. HON'BLE SHRI RANGNATH CHANDRAKAR, J Misc Appeai (C) No.731 of 2010 Appellant Ctaimant Girdhar SAhu, son of Kejau Ram Sahu, aged about 38 years, r/o Kouhi, PS Ranitarai, district Durg (CG) Respondents •^ VERSUS Sanjay Thakur, son of Kumar Prasad Thakur, aged about 24 years, r/o Didabhata (Ranjtarai), PS Ranitarai, District Durg (CG) (Driver) Narendra Tikariya, son of Salikram Tikariya, aged about 52 years, Address - Divya Auto Abhanpur District Raipur, R/o Didabhata (Ranitarai), PS Ranitarai, District Durg (CG) (Owner) The Iffco Tokiyo General Insurance Company Limited, Corporate Office 4 and 5, Floor Iffco Tower Piot No.3, Sector 29, Gudgaon, Hariyana, through Manager, Division Office, 3rd FIoor Shop No.345 - 347, Lal Ganga Shopping Mal, GE Road, Raipur, tahsii and District Raipur (CG) (Insurer) IVIiscelSaneous AppeaJ under Section 173 of SVIotorVehidesAct Present : Shri Vishnu Koshta, counsel for the appetlant. Shri Yashwant Singh Thakur and Shri R N Mukherjee, counsei for respondent No.3. '^.^^y^^ .. ,\ M.A.G. No.^31 of 2010 ORDER »th •c (16InSeptember,2011) The foliowing order of the Court was passed by Rajeev Gupta, C.J. Appellant/claimant Girdhar Sahu is seeking enhancement of the compensation awarded by the 12th Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunat') vide award dated 22.04.2010, passed in Claim CaseNo. 105/2009. 2) As against the compensation of Rs.4,71,000/-, claimed by the appellant/claimant, by filing a claim petition under Section 1 66 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 06.04.2009, the Tribunal awarded a total sum of Rs.69,799/- as compensation along with interest @ 6% per annum from the date of fiiing of the claim petition tiit the date of actual payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the tffco Tokiyo General insurance Company Limited, the insurer of the offending Motorcycle bearing registration No.CG 04 DF /1613 liable to pay the compensation to the daimant. 4) As the insurer of the above offending Motorcycle has not filed any appeal challenging the above finding recorded by the Tribunal, the same now has attained finality. 5) The Tribunal considering the number and nature of the injuries proved to haye been sustained by the claimant in the motor r-' ,^' & 1 I '„.w^ M.A.C. No.731,of 2010 accident and the amount proved to have been spent on treatment, awarded Rs.54,894/- for medical expenses; Rs.7,905/- for special diet and damage to the ciaimant's cycle; Rs.5,000/- for pain and suffering; and Rs.2,000/- for loss of income during the period of treatment. The Tribunal, thus, awarded a totat sum of Rs.69,799/- as compensation to the ciaimant 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.69,799/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment. 6) Shri Vishnu Koshta, learned counsel for the appellant submitted that the Tribunal has erred in not awardingany sum towards attendant and conveyance and in awarding low sum of Rs.2,000/- only towards loss of income during the period of treatment; and in awarding low compensation of Rs.69,799/- only. 7) Shri Yashwant Singh Thakur and Shri RN Mukherjee, learned counsel for respondent No.3 the Iffco Tokiyo General Insurance Company Limited, the insurer of the offending Motorcycle on the other hand supported the award and contended that the compensation of Rs.69,799/- awarded by the Tribunat is just and proper compensation in the facts and circumstances of the present case. 8) Claimant Girdhar Sahu was aged about 38 years on the date of the accident. He was running a 'Pan Shop' in a vi!lage in the district of Durg. The claimant sustained multipie serious injuries inciuding fractures in the motor accident is borne out from the ^--^^^ •i'^; "'^J t:: *-^y^ M.A.C. No.731 of 2010 evidence available on record. It is a matter of common knowledge that substantial amount is required to be spent on the treatment of fractures. The claimant, on account of the fractures sustained by him in the motor accident, could not have attended his 'Pan Shop' resulting in monitory lossto him. 10) The Tribunal, in our opinion, has erred in awarding only Rs.2,000/- towards loss of income during the period of treatment. The Tribunal has also erred in not awarding any sum towards attendant and conveyance. 11) The compensation of Rs.69,799/- 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. 12) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.15,0007- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.69,799/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 13) The appeal fiied 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.69,799/- awarded by the Tribunal. .^-y^^, •1^^"\:^ M.A.C.No.731 of 2010 14) Respondent No.3 the Iffco Tokiyo Generat Insurance Company is granted three months' time for depositing the total sum of Rs.15,000/- before the conceming Claims Tribunal. 15) No order as to costs. Sd/- ChiefJustice Sd/- R.N. Chandrakar Judge ^adma 'L.',-