High CourtsSingle Bench(2018) 02 CHH CK 0354

Surajmaniya vs S.B.I. General Insurance Company Limited And Ors

Chhattisgarh High Court · Decided on 21 February 2018

HON’BLE JUDGES
P. Sam Koshy, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous Appeal (C) No. 318 Of 2018

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Judgment

14 paragraphs · 224 words

P. Sam Koshy, J

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 30.11.2017 passed by the 1st Additional Motor Accident Claims Tribunal, Surajpur (in short, the Tribunal) in Claim Case No.16/2016.

Vide the impugned award, the Tribunal in an injury case has awarded compensation of Rs.8,000/-along with interest @ 9 percent per annum from the

date of application.

2.

The contention of the appellant is that the compensation awarded by the Tribunal is unreasonably low. The claimant in the instant case has suffered

injury on the backbone which was serious in nature and this aspect has not been properly appreciated by the Tribunal. Therefore, the amount awarded

deserves to be suitably enhanced.

3.

However, perusal of records would show that except for the medical certificate issued by a doctor, no medical expert was examined before the

Tribunal. Neither was there any sufficient evidence to establish the treatment or expenses incurred towards treatment. Moreover, the medical

certificate which was produced also shows that the injuries sustained were simple in nature.

4.

Under the given facts and circumstances, this court does not find a strong case made out by the appellant calling for an interference with the

impugned award.

5.

Thus, the appeal fails and is dismissed .