Surendra Kumar Sahu v. Akash Kumar

NAFR HIGH COURT of CHHATTISGARH, BILASPUR MAC No.1442 of 2017 Surendra Kumar Sahu S/o Gendram Sahu, Aged About 22 Years R/o Balagi Project Qtr. No. D-51, Tahsil Katghora, District Korba, Chhattisgarh. ---- Appellant

Versus

1. Akash Kumar S/o Biro Kumar, Aged About 25 Years R/o Shiv Nagar, P.S. Tikarapara, Raipur, Tahsil And District Raipur, Chhattisgarh.

2. Mahanadi Education Society, C-15, Bank Of Baroda, A T M, Shailendra Nagar, Raipur, Through Power Of Attorney Holder Shailendra Jain, Sami Ulla Sohel Khan, S/o Sadulla Khan, C-15, Bank Of Baroda, A T M, Shailendra Nagar, Raipur, Tahsil And District Raipur, Chhattisgarh.

3. The Oriental Insurance Company Limited, Through The Divisional Manager, The Oriental Insurance Company Limited, Office At Geetanjali Bhawan, Old Bus Stand Korba, District Korba, Chhattisgarh. ---- Respondents For Appellant :

Shri GR Miri, Advocate.

For respondent No.3 :

Shri Sudhir Agrawal, Advocate.

SB: Hon'ble Shri Justice P. Sam Koshy Judgment On Board 07.11.2017

1. The present appeal under Section 173 of the Motor Vehicles Act has been filed by the claimant seeking enhancement of compensation against the award dated 11.09.2017 passed by the Additional Motor Accident Claims Tribunal, Katghora, in Claim Case No.33/2015. Vide the said impugned award, the Tribunal in an injury cases has awarded a compensation of Rs.93,630/-of which an amount of Rs.66,630/- is towards the medical expenses incurred.

2. Learned counsel for the appellant submits that it is a case where the appellant, aged about 22 years is a student and on account of the injuries sustained in the accident, steel screw had to be inserted in the course of treatment and thus prayed for enhancement of

compensation suitably.

3. Counsel for the respondent however opposing the appeal submits that the award passed by the Tribunal is just and reasonable and was based on the evidence which have come on record and the same do not warrant any interference.

4. From the perusal of records and findings of Tribunal, the accident stands admitted. The resultant injury also is not in dispute as the Tribunal has awarded compensation to meet the medical expenses.

5. Thus, considering the nature of injury and the fact that claimant is a student, aged about 22 years, this court is of the opinion that ends of justice would meet if the claimant is awarded an additional amount of Rs.50,000/- in addition to the what has been awarded by the Tribunal. It is ordered accordingly.

6.

Thus, the total compensation payable to the claimant would now become Rs.1,43,630/- instead of Rs.93,630/- as awarded by the Tribunal.

7.

The enhanced amount of compensation shall also carry interest at the same rate as awarded by the Tribunal.

8.

Accordingly,the appeal stands allowed and disposed of. SD/- (P. Sam Koshy) Judge inder