HIGH COURT OF CHHATTISGARH AT BILASPU DIVISION BENCH HON’BLE SHRI RAJEEV GUPTA, CJ. HON’LE SHRI SUNIL KUIVIAR SINHA, J. Prashant Kumar Dubey, S/o Shri Pv LAIMANT Dubey, 25 yrs, R/o arasaguda, Teh Jagdalpur, Distt Bastar (Chhattisgarh) 1. Driver Kishore Kumar, S/o late NON- - Mahangu Ram, 3O yrs, R/o Danteshwari APPLICANTS . Ward, Jagdalpur, Distt Bastar (CG) 2 Md Altaf, S/o Md Asraf, Old Raipur Road (Panara Para) Jagdalpur, Distt Bastar(CG) 3 Branch Manager, The Oriental Insurance CO. Ltd, Sadar Bazar Main road, Jagdalpur, Dlstt Bastar (CG) Misc Appeal under Section 173 of the Motor Vehicle Act 1988 Present : Shri Santosh Bharat, counsel for the appellant. None for respondents No.1 & 2 though served. Shri SK Mlshra, counsel for respondent No.3. 0 R D E R (15"; April, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Appellant Prashant Kumar Dubey is seeking enhancement of the compensation awarded by the First Additional Motor Accidents Claims Tribunal, Jagadalpur (for short! 'the Tribunal’) vlde award dated 08.1 1 .2001 passed in claim case No.53/2000. CORAIVI: B Misc. Appeal No. 126 of 2002 §APPELLANT C F Versus RESPONDENTS 2) As against the compensation of Rs.8,50,000/— claimed by the appellant/ claimant, by tiling a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 14.09.1999, the Tribunal awarded a total stim of Rs.80,000/— as compensation along with interest @ 9% per annum from the date of filing of the claim petition till the date ‘ t of actuai payment. 3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimant Prashant Kumar Dubey sustained multiple injuries in the motor accident on 14.091 999; the accident occurred due to rash and negligent driving of the driver of the offending vehicle Commander Jeep; and as the offending vehicle Jeep on the date of the accident was insured with the Oriental insurance Company Limited, the insurance company was liable to pay compensation to the claimants. 4) As the respondents have not tiled any appeal against the award, the above, findings recorded by the Tribunal now, have attained finality. 5) The Tribunal considering the number and nature of the injuries sustained by the claimant in the motor accident and the amount proved to have been spent on his treatment, awarded Rs.25,000/- towards medical expenses; Rs.14,000/— towards conveyance; Rs.5,000/- towards special diet and other miscellaneous expenses; Rs.10,000l— towards pain and suffering and Rs.26,000/— towards future medical expenses. The Tribunal, thus, awarded a total sum of Rs.80,000/— as compensation to the laimant. The Tribuna! further directed payment of iterest on the c n 3 above amount of compensation of Rs.80,000/- @‘ 9% per annum rom the date of ming of the aim petition tit! the date of actuai 2 payment. 6) Shri Santosh Bharat, learned counsei for the appellant submitted that, the Tribunal has erre in awarding low d campensation of Rs.80,000/- only, though the appellant on account of the injuries sustained by him in the motor accident and is hospitalization on accouit o the said injuries could not join h r f he service as Patwari in response to the commucation t ni ( Exp/5). ?) Shri SK ishra, earned unsel or respondent No.3 the M l co f Oriental Insurance Company Limited, n the other hand o ontded that, the compensation of Rs.80,000f— awarded by the cen Tribunal is just and proper compensation in the facts and irumstances of the present case. cc 8 w ) Claimant Prashant Kumar Dubey as aged about 25 years on th date of the accident. On 10.09.1999, letter (Ex.P15) was sent from the Office of the Collector, Jagdalpur to the claimant seeking his option to join the service on the post of Patwari in some other district of State of Madhya Pradesh as there was no vacant post of Patwari in the district of Jagdalpur (Bastar). lt was the claimant’s specific case that, on account of the injuries and the resultant hospitalization, he could not send his response to letter (EXP/5) and, thus, miss opportunity of joining the service on the post of Patwari. lt is true, the injuries sustained by the .f cl i e appellant I claimant in the motor accident could not result in any permanent disability and loss of future earning capacity. 9) The compensation of Rs.80,000/— awarded by the Tribunai when examined in the context of the above mentioned peculiar oroad features of the case, in our opinion, is somewhat on the lower side and deserves to be enhanced suitably. 10; A In our considered opinion, further award of Rs.15,000/- inclusive of interest component on the enhanced amount of b compensation would make the compensation of Rs.80,000/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 11) For the foregoing reasons, the appeal filed by the appellant/claimant for enhancement of the compensation is allowed in part. The claimant is awarded further amount of Rs.15,000/— inclusive of interest component on the enhanced amount of compensation, in addition to the sum of Rs.80,00G/— awarded by the Tribunal. 12) Respondent No.3 Oriental insurance Company Limited is granted three months’ time for depositing the total sum of Rs.1 5,000l- before the concerning Claims Tribunal. l i i,. subbu 13) No order asto costsh Sd/— u Kumar Sinha Sd/- Sunil Judge CHIEF JUSTICE