'Hlls -ll ••l;!;j < ^ '•I. •.& .COyRTOFCHMATTISGARHATBfLASPUR SB: Hon'bleShri Justiee R. L. .Jhanwar, M.A. «3yNb. 77 of 2009 DeepakKumarBoga Versus YusufKhan and others; OJRDER s For RronounGement of Order Sd/- R.£.Jhanwar Judge i<:. ^s-^ HiGW COURTOF CHHATTISQARH : BILASPUR SiNGLEBENCH:HON'BLESHSI_Rj-.4HANWAR,<J. M.A. (Ci No. T7 of 200» Deepak Kumar Boga, S/o Motiram Boga, ^ : ; : - aged about 28 years, Occypation; Driver, /" • FyoVilla@eFooi]<odo,PostBHamtola,Police Station Manpur, DistrictRajnandgaon (C.G.) VERSUS 1. Yusuf Khan, Sft) Gous^Mohammad,.aged. about 22<yeare, R/o Village Jabratola, Police Station Manpur, District.Rajnandgaon (C.G.) 2. Mohd. Habibul Jalil, S/o Gous Mohammad, R/o Village Bharritoloa, Police Station Manpur, District Rajnandgaon (C.G.) 3. The Oriental Insuranee Compnay Limited, Branch Qfiice Kamthiiihe, Rajnandgaon, Distt, Rajnandgaon Through : Branch Manager,; Branch QfRce,: Near 'Aayarsh Balmandii^ Behind Amar Tatkies, DhamtaFi 'Sp.G^ \ . : :. , i APPEALUNDERSECTtO;N.1730FTHEMOTQRVEHt6LESACU988 ^ A Appearance: . Shri p.P.Sahttwith ShriS.P.Snau, counsei fbnheappeilant. Nonefor the respondents No.1 and 2. Shri Manish Upadhi@y, oounsel for respqndentNo.3 ^- ORDER (Passed on 10.0532014) This is claimant's appeal directing againsf the order dated 20.10.2008 pasSedbyt!-ieMotorAceidents©aimsTribunat(F.T.C.), Rajnandgaon in ciaim case No.24/2008 av/arding 67,833/- as compensatioriin an injurycase. -. ; , 2. As against the compensatipn of Rs.4,50,000/- claimed by appeliant/claimant byfiling aclaim pstitionfunyerSeetion166oftheM6tor Vehicles Acf for the injyries sustained byj him in the motor accident on ;22.6.2QQ4, the Tribunai awarded a tota! sum of Rs.67,833/- as 'compensation alongwith mterest @6% perahnum from thedateotfiling rof the claim petition till tlie date_ofcqctyal payment. total the :^^ 2- ^ 1 x •^ <'-. ^^?. 3) The Tnbunat on a ctose scrutiny ofthe entire evidenceted before it held that claimant Deepak Kumar Bogasustained multip!e serious injuries including fractures in the mptor aecident on 22.6.2004; the accident occurred due to rash and negtigentdriving of.the driver ofthe Qffending vehjcle Jeep bearing registration No.C.G.08 ZD-5080; as the above offending vehiele Jeep on the date of the accidenf was insured with the Oriental tnsurance Company Limitecf and thelnsurarice Company Gould not establish any breach'Wthe policy conditions, the tnsurance Gompany was liableto pay compensation tothe claimant. 4) Asthe respondents have not filed any appeal against the award, the abovefindings recorded bythe Tribunal have now attainedfinality. 5) The Tribunal considering the number and nature of the injuries proved to have been sustained bYthBclaimantinthemotor accident and the amount proved to have been spenton treatment, awarded Rs.10,833/- towards medicai expenses; Rs.7,000/- towards speciat diet, expenses ineurred on attendantand conveyanGe; and Rs.50,000/- towards loss of income, permanent disability and pain and suffering. The Tribunal.thus, awarded a total sum of Rs.67,833/- as compensation to the claimaht for the injuries sustained by him in the rootoraccident. The Tribunal further directed payment'of interest on the abQve amount of eompensation of Rs.67,833/- @ 6% per annum from the date of flling of the claim petition til! thedate bf actual payment. • 6) Shri P.P. Sahu with Shri S.P.Sahu, iearned counsei appearing for the a'ppellant submitted that the Tribynal has erred in awarding low compensati&n of Rs.67,833/- only. 7) On the other hand, Shri Manish Upadhyay, tearned counsel appearing for respondent No.S/insurance company supported the award and contended that the compensation of Rs.67,833/- awarded by the Tribunal is justand proper compensation inthefacts and circumstances of the presentcase; 8) ' In this ease, it has to be seenas to whether the cpmpensatioriof Rs.6fS33/- sliould be enhanced? iri the present case, the injured - DeepaK Kumar Boga is a resident of vi}lage Foolkodo, poliGe sfation Manpur, Dist. Rajnandgaon. From the evidence and material availabte on .rai •-f: fi €': •fi•^ :^< s> 3) The T ribunal on a close scrutiny of the entire evidence led before it held that claimant Deepak Kumar Bogasustainedi multipteserioys injuri'es including fractyres ih tte rnofpr accident on 22.6.2QQ4; the aceident oeeurred due to rash and negligentclriving ofthe^driver of the offending vehicie Jeep bearing registration No.C.G.QS ZD-508Q; as the above offending vehicle Jeep 6n tMe date ofthe accidentwas insured with the ji Oriental Insurance Company 1-imited and the Insyranee Company^could not estabiish ariy breach ofthe policy conditions, the Insurance Compahy was liabtetopaycompensationtdtheclaimant. 4) A&the respondents have nqt filed any appeal agairist the award, theabovefindings recorded bytheTribunal haye nowattainedfinality. 5) The Tribuhal considering the TiumbeF and nature of the injuries proved tp hav®beensustainedbythe^laimar]tinithemotoraecide the^pyrrtRroyedtohayebsenspentontreatment,aw^ fowarels medical sxpen^s; Rs.7,OOQ/-^^ incurred on attendant ahd cpnveyance; arid Rs.50,000/- towards loss Rf income, permanent disabilityand pain and suffering. 'The Tnbunal.thu?, awarded a total sum of Rs.67,833/- as compensation to the claimant for the injuries sustained by him in the motor aecident. The Tribunal ^urther direcrted payroent pf interest on the aboye amount of compensation^^^^o^ Rs.67,833/-@6%perannUmfrbnithedateof!filingo(;theelaimpetitionti|l Viwcjtateofactua[payment. .. , , 6) Shri P.P; Sahu with Shri S.P.Sahu, leamed counssl appearing for th^ appellant Sybmitted that (he Tnbunal has erred in awarding to^ CQmipensaUonofRs.67,833/-Qnly.i 7) . On the othier harid; Shri Manish; Upadhyay," tearnted cOunsel appearing for responciehf NQ.S/insurance cofnpany supported {he awand and contended that the compensation pf Rs.67,833/- awardea by th& Tribunal istusfand propercompensatipninthefactsandCirctimstanceSGf •thepresentcase.;.,1 ,,••,;'./::- ;.'.':',.'' ,''.^ • ~" . , ':: .:: •: 8)' In this case, it hasto be^segh as^^^to Rs%7^33/- should be enManceci^ 1n t^ Deepak KumanBoga is£a resident ^ ,, tManbur, Dist. RainandaaQh. Fromtllg^evKlenc^andmalerialavailabl&^ -1-..^;71 f.~;.. .-^ <: € f-?- 3 record, it is clear that the incident took piaceon 22.6.2004 whenthe injured, who was going on his motorcycie from his residence tp village Kahdbari, dashed by the offending vehide Jeep by its driver - respondent No.1 and duetosuchdashbytheoffendingvehiclejeephefelldownand sustained serious injyries inclyding fracture on right thigh. The appellant was taken to Community Health Center, Manpur where MLC was done and thereat'ter he was referred to District Hospitai, Rajnandgaon. According to evidence ofappellant Deepak Kumar Boga A.W.1, due to accident he sustained fracture on his right thighand got it operated. He has further deposed that on account of such operation hewas unable.to perform his work. He has also statedthat report was lodged at Manpur Police Station. He has also deposed that he was also medically examined at Government Hospital, Kurud;from where he has aiso obtained certificate showing permanently disabled, which is Ex.P.8. Dr. V.K.pandey A.W.3, jn his evidence, has stated that at the relevant time he was posted in Community Health Center, Kurud and had not medicaliy examfned the appellant as he was never admitted in Kurud but he had issued Ex.P.8 disability certificate showing disablement of the appellant to the tune of 45%. He has also deposed that there is no medical board. 1-fe has admitted that disability certificate can be issued only hy duly constituted Medica! Bpard. !n this way, it is ctear that Dr.V.K.Pandey A.W.3 is not the treating dpctor of the injured and injured was never admitted in Governmeht Hospitel, Kurud. In this view of the matter, Ex.P.8, disabitity certlficate given by Dr. V.K.Pandey A.W.3 is not reliable. it is atso clear from the ^bove evidence that the appellant was never admitted in Kurud 'Hospital. Even medical biils of Nayin Medical Stores, Kurud, produced by the appellant are also not reliable. It is not ciear that when the appellant was taken to Community Health Center, Manpur; then how he obtained such medical bills from Kurud. After perusalof record, it is aiso ctearthat some medical biils produced by the appellant and were exhibited as Ex.P.IOand Ex.P.11 are notofKurud or Rajnandgaon medica! stores but of Rajhara, District Durg. This shows that the claimant has not come to thi's Court withclean hands. .9) ^":.;».v. On close scrutiny of the evidence, the learned Trihunal has rightly disearded the evidence bfthe doctQr. However, the Tribunal wasjustified in^awarding compensgtion 6f 'Rs.67,833/- which, I am 6f the •/'/'T^. 11^.. '^"'/ -^ ^ ^ -..'. ^ ~t) : '•:'/:: ::;;' :! '• consideredopinion, is just and reasonable compensationand does not call for any enhancement. 10) In the resutt, the appeal being devoid of merit and substanae is liable to be and is herebydismissed. No order as to costs. Sd/- R.£.Jhanwar Judge