HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BL^ SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. f Misc. Appeal 10 No. 1576 of 2009 Appellant Respondents Bhagwat Prasad Sen aged 30 years S/o Krishna Sen R/o Village Kukda, P.S. Kumhari Tehsil & District Patan District Dur^ (C.G.) VERSUS 1 Shekhar Dhruv aged 26 years S/o Budhram, R/o Station Road behind Gurudwara, Lodhi Para, Durg (Driver of hlero Honda CG/04/CJ/7914) 2 Ramesh Dhruv, aged 24 years S/o Dashrath Lal Dhruv R/o Gogaon P.S. Khamtarai, District Raipur (C.G.) (Owner of Hero Honda CG/04/CJ/7914) 3 National Insurance Company Limited Through; Branch Manager Supela, Bhilai. Policy No. 320800/31/04/6204217 (Insurance company of Hero Honda CG/04/CJ/7914) Misc.Appeal under Section 173 ofthe MotorVehicle Act. Present: Shri Anurag Jha, counsel for the appellant. Shri Goutam Khetrapal, counsel for respondent No.3. ORDER (1st August, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. \^.y ^: .^^:i" M.A.C.No.1576 of 2009 '^ Appellant/ claimant Bhagwat Prasad Sen is seeking enhancement of the compensation awarded by the 8 Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') vide award dated 10.07.2009, passed in Claim Case No.77/2007. 2) As against the compensation of Rs.11,00,000/- claimed by the appellant/claimant, by filing a claim petition under Section 166 of the Motor Vehicles Act, for the injuries sustained by him in the motor accident on 08.09.2005, the Tribunal awarded a total sum of Rs.67,950/- as compensation along with interest @ 6% per annum. 3) The Tribunal on a close scrutiny of the entire evidence led before it held the National Insurance Company Limited, the insurer of the offending vehicle Hero Honda Motorcycle bearing registration No.CG-04-CJ/7914, liable to pay compensation to the claimant. 4) 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 spent on tr6atment, awarded Rs.37,849/- towards medical expenses; Rs.18,000/- towards loss of income during the period of treatment; Rs.5,000/- towards pain and suffering; Rs.4,500/- towards special diet; Rs.1,500/- towards attendant; and Rs.1,000/- for conveyance. The Tribunal, thus, awarded a total sum of Rs.67,950/- as compensation to the claimant for the injuries sustained by him in the motor accident. The Tribunal further directed payment of interest on the above amount of '^1^^^ \/' .^"•w^,•\:. •J '•"•.} / M.A.C.No.1576 of 2009 compensation of Rs.67,950/- @ 6% per annum from the date of filing of the claim petition till the date of actual payment excluding the period between 04.01.2009 and 13.04.2009. 5) Shri Anurag Jha, learned counsel for the appellant submitted that though the Tribunal has awarded reasonable compensation towards loss of income during the period of treatment; attendant; special diet; and pain and suffering, erred in disallowing two bills Ex.P/16 and P/21; and in awarding only Rs. 1,0007- towards conveyance; and excluding the period between 04.01.2009 and 13.04.2009 for computation of the int^rest on the amount of compensation. 6) Shri Goutam Khetrapal, learned counsel for respondent No.3, the National Insurance Company Limited, the insurer of the offending vehicle Motorcycle, on the other hand, supported the award and contended that the compensation of Rs.67,950/- awarded by the Tribunal is just and proper compensation in the facts and circumstances of the present case. 7) Claimant Bhagwat Prasad Sen was aged about 30 years on the date of the accident. He was a labour by occupation. The claimant sustained fractures of his tibia and fibula bones is established from the 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, being a labour, on account of the fractures of his tibia and fibula bones, could not have performed his dyties as labour for a period of about 6 months, resulting in monitory loss to him. The reason assigned M.A.C.No.1576 of 2009 (S> by the Tribunal for discarding the two bills Ex.P/16 and P/22 is not at all convincing. We do not find any justification in the Tribunal's excluding the period between 04.01.2009 and 13.04.2009 for the purposes of computatio.n of the interest on the amount of compensation. 8) Considering all the relevant aspects of the matter, we are of the opinion that further award of Rs.5,000/- inclusive of interest component on the enhanced amount of compensation would make the compensation of Rs.67,950/- awarded by the Tribunal as just and proper compensation in the facts and circumstances of the present case. 9) The appeal filed by the appellanV claimant for enhancement of the compensation is allowed in part. The claimant is awarded further sum of Rs.5,000/- inclusive of interest component on the enhanced amount of compensation in addition to the sum of Rs.67,950/- awarded by the Tribunal. 10) Respondent No.3 the National Insurance Company Limited is granted three months' time for depositing the total sum of Rs.5,000/- before the concerning Claims Tribunal. 11) No order as to costs. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu