c-^- IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR M.A.ICtNo. /2008 Oivision Bencft APPBLLANT ^I. Manish Kiunar, S/o Mahadev /Cktimant Shrivas, aged 34 years, R/o ( Village - Lorami, Tah. - Lorami, Distt. BUaspur(C.G.) V:E»SUS > E®SPONDENTS l^ Santosh Kumar, S/o Latel ; ^.''^Ton-Claiinants ^^ Satnami,'<^Agfari about yeEtrs;' R/o village Gond' Kharahi, Tah. Tah. — Lorami, Distt. ,^"^l^ Bilaspur (C.G.) .............. Driver, Mini Bus ^;^^'"" / ;. —/--^ »e'8wu" ...-'^' 2- Arvind Kumar S/oRamkripal Gupta, R/.o Near Jaistambh Petrol Pump, Kargi Road Kota, Tah. Kota, Distt. Bilaspur (C.G.) Owner,Mini Bus No. CG07/ZA-0394 S.-^Branch manager, National Insurance Company Ltd. Bilaspur, Tah. 8s Distt. BUaspur(C.G.) Insurer, MiniBus No. CG07/ZA-0394 /A^" . ' ^ ' • ^'- ' ; / MISCELLANEOUS APPEAL U/S 173 OFTHE MOTOR ^ VEHICLE ACT. 1988 ^ \\ HIGH COURT OF CHHATTISGARH AT BILASPUR Misc. Appeal (C) No. 983 of 2008 APPELLANT Claimant Manish Kumar VERSUS -»•> RESPONDENTS : Santosh Kumar & others (MISC. APPEAL UNDER SECTION 173 OFTHE MOTOR VEHICLES ACT) DB: Hon'bleShriN.K.Aaarwal& Hon'ble Shri R.N. Chandrakar. JJ. Present : Shri Akhtar Husain, Advocate for the appellant. Shri Raj Awasthy, Advocate for respondent No. 3. ORALORDER (Passed on 22.11.2011) Per: N.K. Agarwal, J. 1. This isclaimant's appeal for enhancement of compensation in the award dated 22.04.2008, passed by the Vlllth Addl. Motor Accident Claims Tribunal (FTC), Bilaspur (for short 'the Tribunal') in claim case No. 72/07. 2. As against the compensation of Rs. 26,00,000/- claimed by claimant by filing application under Section 166 of the Motor Vehieles Act, 1988 (for short 'MV Act'), for the injuries sustained by him in the motor accident on 19.07.2006; the Tribunal has awarded a total sum of Rs. 1,35,600/- as compensation along with interest @ 6 percent per annum from the date of application till its actual payment. •* 3. The Tribunal, on a close scrutiny of the entire evidence led, te . : '^, ^^ material pla&d and submissions made by the parties, held : . accident had occurred due to rash and negligent driving of Bus 4. 5. 6. 7. X bearing registration No. CG-07-ZA-0394 by its driver Santosh Kumar i.e. respondent No. 1; appellants sustained multiple injuries in the said accident; respondent No. 3/National Insurance Co. Ltd. liable for payment of compensation as it could not establish violation of policy conditions; assessed and awarded aforesaid sum as compensation in favour of appellant/daimant. Shri Akhtar Husain, leamed counsel appearing for the appellant would submit: the appellant sustained multiple injuries including temporary disability to the extent of 60 percent and also incurred heavy amount towards treatment, therefore, the Tribunal has erred in awarding low amount of compensation which deserves to be suitably enhanced. On the other hand, Shri Raj Awasthy, tearned counset appearing for the respondent No. 3/National InsuranceCompany Ltd. would submit : as per statement of Dr. Manish Budhiya (AW/4), the appeltanVclaimant had not sustained permanent disability and loss of future earning capacity on account of Injuries sustained by him in the said accident and the amount awarded by the Tribunal is just and proper compensation in the facts and circumstances of the case which does not call for any interference. We have heard the counselappearing for the parties, perused the record of Tribunal including award impugned. The fact that appellant/claimant sustained fracture of femur bone in thesaid apcident and the insurance company could not prove violation of pojicy conditions are now not indispute. "'v'sse n Q I 1 .»» 8. As per disability certificate (Ex. P/8),the appellant suffered fracture of femur bone resulting in 60 percent temporary dlsability. As per statement of Dr. Manish Budhiya (AW-4), the injuries sustained by the appellant woutd not result in any future loss of earning capacity. 9. The Tribunal awarded Rs. 48,000/- towards medical expenses, Rs. 13.600/- towards conveyance, Rs. 10,(XIO/- towards pain and suffering, Rs. 2000/- towards attendant, Rs. 2000/- towards special diet, Rs. 60,000/- towards loss of income during treatment and Rs. 10,000/- towards future medical treatment and thus awarded a total sum of Rs. 1,35,600/- as compensation. The Tribunal further awarded interest @ 6 percent per annum upon the award amount from the date of apptication till its actual payment. 10. When the amount of compensation of Rs. 1,35,600/- awarded by the Tribunal is examined in the context of above mentioned broad features of the case and the fact that appellant has not sustained any future loss of earning capacity, in our opinion, there is no scope of enhancement of compensation awarded by the Tribunal. 11. For the reasons mentioned hereinabove, the appeal being devoid of substance is liable to be and is hereby dismissed. No order asto costs. Sd/- N.K.AgarwaI Judge R.N. Chandrakar Judge Y Sah'u \-