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Judgment
Sanjay K. Agrawal, J
This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/ claimant seeking enhancement of the amount of compensation, challenging the impugned award dated 21.10.2021 passed by the Motor Accident Claims Tribunal, Bilaspur in Claim Case No.909/ 2018, by which the claim application of the claimant has been allowed and an amount of Rs.85,000/- has been awarded as compensation to the claimant along-with interest @ 9% per annum from the date of filing of claim application for the injuries suffered by the appellant on the accident took place on 20.09.2018.
Ms. Shristi Upadhyay, learned counsel for the appellant/ claimant, would submit that the claimant has suffered fracture on his right leg and he remained in the hospital for 10 days, therefore, the amount of compensation be suitably enhanced on the head of loss of income, medical expenses, transportation and physical & mental agony, as just & proper compensation has not been awarded to the claimant/ appellant.
Mr. Ashish Pandey, learned counsel appearing for the insurance company/respondent No.3, would submit that the amount of compensation awarded by the learned Claims Tribunal is just & proper, which does not call for any interference.
I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records minutely.
Learned Claims Tribunal has awarded total compensation of Rs. 85,000/- under the different heads, which appears to be meager amount looking to the injury suffered by the claimant/ appellant. Therefore, in the opinion of this Court, an additional amount of Rs.65,000/- is awarded to the appellant and, as such, total amount of compensation comes to Rs.1,50,000/-. Hence, the claimant is entitled for an additional amount of Rs. 65,000/- in addition to the amount of compensation awarded by the Claims Tribunal. The concerned respondent is directed to deposit the amount of compensation as enhanced by this Court within a period of 30 days from the date of receipt of a copy of this order. The additional amount of compensation shall carry interest @ 9% per annum from the date of filing of claim application before the Tribunal till its realization. Rest of the conditions of the impugned award shall remain intact.
In the result, the appeal is partly allowed and the impugned award is modified to the extent as indicated herein-above.